Burrus v. Hyde County NC Juvenile Petitions and Orders of Commitment and Probation
Public Court Documents
April 20, 1970
354 pages
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Brief Collection, LDF Court Filings. Burrus v. Hyde County NC Juvenile Petitions and Orders of Commitment and Probation, 1970. ba4b0f25-b79a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/e74a0a42-7253-49ca-991a-78fb08569a49/burrus-v-hyde-county-nc-juvenile-petitions-and-orders-of-commitment-and-probation. Accessed July 06, 2025.
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A P P E N D IX
————
^upmrtr (Hm rt of tfye United t̂aJpo
October Term, 1969
No. 1441
In Re Barbara Burrus et al.,
Petitioners.
o n w r i t o f c e r t io r a r i t o t h e s u p r e m e c o u r t
OF NORTH CAROLINA
PETITION FOR CERTIORARI FILED JANUARY 12, 1970
CERTIORARI GRANTED APRIL 20, 1970
^ujiran? (tart of % t̂atra
October Term, 1969
No. 1441
In Re Barbara Burrus et al.,
Petitioners.
ON WRIT OF CERTIORARI TO THE SUPREME COURT
OF NORTH CAROLINA
I N D E X
Record in North Carolina Court o f Appeals, Second District
Page
JUVENILE PETITIONS
Barbara Burrus o
Sara Whitney
Darlene McCoy A
Nina Whitney
Dorene Harris
Patricia Collins . n
Dollie Gibbs ..... Q
Maria Harris
Trina Selby __ 1 1
Dorene Harris
Julia Anna Collins 1 Q
Cherlyn Whitney , .
Catherine Gibbs... 1 ^
Deborah Ann Collins 1 H
Marie Harris...
Eddie Whitley I Q
Alonzo Edward Holloway 20
11 IN D EX (Continued)
JUVENILE PETITIONS— Continued
Evelyn Evangeline G ibb s__________________________ 22
Rose Mary Collins_________________________________ 23
Debra Ann C ollins_________________________________ 24
Catherine Gibbs ___________________________________ 25
Julie Anna Collins_________________________________ 26
Sudie Bell McCuller_______________________________ 28
Barbara B urrus___________________________________ 29
William B lount____________________________________ 30
Nekola G reen______ _____________ _________________ 31
Sharon Harris______________________________________ 33
Sarah Annette W hitney___________________________ 34
Walter Anthony Green____________________________ 35
Dessie Harris ’ ____________________________________ 36
Evelyn Gibbs______________________________________ 38
Ronnie Lee Topping_______________________________ 39
Tyrone Dudley_____________________________________ 40
Theresa Blount____________________________________ 41
Linda Sue Gibbs___________________________________ 43
Patricia Collins____________________________________ 44
Donald W hiter ___________________________________ 45
Wilma Joyce W hitaker____________________________ 46
James Lamberth H ow ard_________________________ 48
Rose Mary Whitney___________________________ 49
Shirley Whitney____________________________________ 50
Trina Selby________________________________________ 51
Alonzo Edward Holloway.__________________________ 53
SUMMONS:
Barbara Burrus ___________________________________ 54
Sara Whitney _____________________________________ 55
Darlene McCoy ____________________________________ 56
Nina Whitney _____________________________________ 57
Dorene H arris_____________________________________ 58
Patricia Collins____________________________________ 59
Dollie G ibbs_______________________________________ 60
Marie H a rr is______________________________________ 61
Trina S elby_____________________________________ . 62
Dorene H arris_________________________________ 63
Julia Anna Collins_________________________________ 64
Shirley Whitney___________________________________ 65
Catherine Gibbs____________________________________ 66
Deborah Ann Collins_______________________________ 67
Marie Harris_______________________________________ 68
Eddie W hitley____________________________________ 69
Alonzo Edward Holloway__________________________ 70
Page
Record in North Carolina Court o f Appeals, Second District
— Continued
INDEX— Continued iii
Page
SUMMONS— Continued
Evelyn Evangeline G ibbs------------------------------------------- 71
Rose Mary Collins----------------------------------------------------- 72
Debra Ann Collins------------------------------------------------------ 73
Catherine G ibbs--------------------------------------------------------- 74
Julie Anna Collins----------------------------------------------—- 75
Elvira Vashti W eston------------------------------------------------ 76
Sudie Bell McCuller--------------------------------------------------- 77
Barbara Burrus---------------------------------------------------------- 78
William Blount------------------------------------------------------------ 79
Nekola Green-------------------------------------------------------------- 80
Sharon H arris------------------------------------------------------------ 81
Sarah Annette W hitney--------------------------------------------- 82
Walter Anthony G reen---------------------------------------------- 83
Dessie H arris------------------------------------------------------------- 84
Evelyn G ibb s------------------------------------------------------------- 85
Ronnie Lee Topping-------------------------------------------------- 86
Tyrone D udley----------------------------------------------------------- 87
Theresa Blount ---------------------------------------------------------- 88
Linda Sue Gibbs -------------------------------------------------------- 89
Patricia Collins------------------------------------------------------ 90
Donald W hite-------------------------------------------------------------- 91
Wilma Joyce Whitaker------------------------------------------------ 92
James Lambert Howard--------------------------------------------- 93
Rose Mary W hitney----------------------------------- 94
Shirley W hitney--------------------------------------------------------- 95
Trina Selby-------------------------------------------- 96
Alonzo Edward Holloway — ----------------------------------- 97
ORDERS OF COMMITMENT AND PROBATION
Barbara Burrus____________________________________ 98
Sara Whitney D _______________________________________ 99
Darlene McCoy______________________________________ 100
Nina W hitney_______________________________________ 101
Dorene H arris_______________________________________ 102
Patricia Collins_____________________________________ 103
Dollie G ibbs_________________________________________ 104
Marie H arris_______________________________________ 105
Trina S e lby_________________________________________ 106
Dorene H arris_______________________________________ 107
Julia Anna Collins __________________________________ 108
Shirley Whitney ' ____________________________________ 109
Catherine Gibbs i ____________________________________ 110
Deborah Ann Collins___________________________ 111
Marie H arris------------------------------------------------------------- 112
Record in North Carolina Court of Appeals, Second District
— Continued
IV IN D EX (Continued)
ORDERS OF COMMITMENT AND PROBATION
— Continued
Eddie W hitley _____ 113
Alonzo Edward H ollow ay_________________________ 114
Evelyn Evangeline G ibbs---------------------------------------- 115
Rose Mary Collins________________________________ 116
Debra Ann Collins________________________________ 117
Catherine Gibbs ----------------------------------------------------- 118
Julie Anna Collins------------------------------------------------- 119
Elvira Vashti W eston_______________________ 120
Sudie Bell M cCuller_______________________________ 121
Barbara Burrus ___________________________________ 122
William Blount____________________________________ 123
Nekola Green------- --------------------------------------------------- 124
Sharon Harris____________________________________ - 125
Sarah Annette W hitney____________________________ 126
Walter Anthony Green_________________________ _127
Dessie Harris ____________________________________ 128
Evelyn Gibbs----------------------------------------------------------- 129
Ronnie Lee Topping------------------------------------------------ 130
Tyrone Dudley!____________________________________ 131
Theresa Blount____________________________________ 132
Linda Sue G ibbs___________________________________ 133
Patricia Collins____________________________________ 134
Donald W hite______________________________________ 135
Wilma Joyce W hitaker____________________________ 136
James Lamberth Howard----- ---------------------------------- 137
Rose Mary W hitney_______________________________ 139
Shirley Whitney.___________________________________ 140
Trina Selby________________________________________ 141
Alonzo Edward Holloway__________________________ 142
CASES NOS. 69-J-17 through 69-J-24
Summary of Evidence__________________ __________ 143
Orders o f Commitment and Probation_____________ 150
Appeal E n try______________________________________ 164
CASES NOS. 69-J-l, 69-J-3, 69-J-4, 69-J-5, 69-J-6, 69-
J-8, 69-J-9, 69-J-10 and 69-J-30
Summary o f Evidence_______________________ ____ _ 165
Orders of Commitment and Probation...... ................... 174
Appeal Entry_______________________________________ 189
CASES NOS. 69-J-ll, 69-J-12, 69-J-13, 69-J-14, 69-J-16,
69-J-28, 69-J-29
Summary o f evidence______________________________ 189
Page
Record in North Carolina Court of Appeals, Second District
— Continued
IN DEX (Continued) v
CASES NOS. 69-J-ll, et al
Orders o f Commitment and Probation_____________ 198
Appeal E n try______________________________________ 209
CASES NOS. 68-J-4, 68-J-5, 68-J-6, 68-J-7, 68-J-8, 68-
J-9, 68-J-9, 68-J-10, 68-J-ll, 68-J-12, 68-J-13, 68-
J-14, 68-J-15, 69-J-27
Summary of Evidence_____________________________ 209
Orders of Commitment and Probation__________.... 218
Appeal E n try______________________________________ 239
CASES NOS. 69-J-25 and 69-J-26
Summary of Evidence_____________________________ 240
Orders of Commitment and Probation____________ 244
Appeal E ntry______________________________________ 248
CASE NO. 68-J-3
Summary of Evidence_____________________________ 248
Order of Commitment and Probation . .. ................ 253
Appeal Entry______________________________________ 254
CASE NO. 69-J-15
Summary o f Evidence_____________________________ 255
Order o f Commitment and Probation______________ 259
Appeal Entry ______________________________________ 259
CASES NOS. 69-J-2 and 69-J-7
Summary of Evidence_____________________________ 261
Orders o f Commitment and Probation___ __________ 264
Appeal E ntry_______________ 268
CASE NO. 69-J-31
Summary o f Evidence_____________________________ 268
Order of Commitment and Probation______________ 272
Appeal Entry______________________________________ 273
GROUPING OF EXCEPTIONS AND ASSIGNMENTS
OF ERROR__________________________________________ 274
JUDGMENT UPON PETITION FOR CERTIORARI
IN N. C. COURT OF APPEALS (#69SC19PC) ______ 276
ACCEPTANCE OF SERVICE._____ 277
STIPULATION OF COUNSEL________________________ 277
Page
Record in North Carolina Court of Appeals, Second District
— Continued
VI INDEX (Continued)
Record in North Carolina Court of Appeals, Second District
— Continued
Juvenile Petition (Shelton)------------------------------------------- 278
Juvenile Summons (Shelton)------------------------------------------ 279
Order Amending Juvenile Petition (Shelton) -------------- 280
Juvenile Petition (Cunningham)------------------------------------ 282
Juvenile Summons (Cunningham)--------------------------------- 283
Order Amending Juvenile Petition (Cunningham)-------- 284
Summary o f Evidence (Shelton) ---------------------------------- 285
Order o f Custody (Shelton)------------------------------------------- 288
Appeal Entry (Shelton) __r---------------------------------------------- 290
Summary of Evidence (Cunningham)__________________ 292
Order of Custody (Cunningham)_______________________ 295
Appeal Entry (Cunningham)___________________________ 297
Grouping o f Exceptions and Assignments of Error------ 298
Acceptance of Service__________________________________ 298
Stipulation o f Counsel--------------------------------------------------- 299
Record in Supreme Court of North Carolina, Second District
Notice of Appeal------------------------------------------------------------ 300
Record in Supreme Court o f North Carolina, Second District
Notice of Appeal_______________________________________ 316
Opinion of North Carolina Court o f Appeals_________ 318
Petition for Consolidation--------------------------------------------- 320
Order Consolidating this Case with Case o f In Re:
Burrus________________________________________________ 322
Judgment o f the Supreme Court of North Carolina_______ 323
Opinion o f the Supreme Court o f North Carolina----------------- 324
Clerk’s Certificate------------------------------------------------------------------ 345
Order granting motion for leave to proceed in forma pauperis
and granting petition for writ o f certiorari--------------------- 346
Page
1
NORTH CAROLINA COURT OF APPEALS
SECOND DISTRICT
Spring Session, 1969— Fall Term 1969 #15
No. 692DC256
From Hyde
In Re : Barbara Burrus (69-J-17), Sarah W hitney
(69-J-18), Darlene McCoy (69-J-19), Nina W hitney
(69-J-20), Dorene Harris (69-J-21), Patricia Col
lins (69-J-22), Dollie Gibbs (69-J-23), Marie Har
ris (69-J-24), Trina Selby (69-J-l), Dorene Harris
(69-J-3), Julia A nna Collins (69-J-4), Cherlyn
W hitney (69-J-5), Catherine Gibbs (69-J-6), Debo
rah A nn Collins (69-J-8), Maria Harris (69-J-9),
Eddie W hitley (69-J-10), Alonzo Edward Hollo
way (69-J-30), Evelyn Evangeline Gibbs (69-J-ll),
Rose Mary Collins (69-J-12), Debra A nn Collins
(69-J-13), Catherine Gibbs (69-J-14), Julie Anna
Collins (69-J-16), Elvira Vashti Weston (69-J-28),
Sudie Bell McCullor (69-J-29), Barbara Burrus
(68-J-4), W illiam Blount (68-J-5), Nekola Green
(68-J-6), Sharon Harris (68-J-7), Sarah Annette
Whitney (68-J-8), Walter Anthony Green (68-J-
9), Dessie Harris (68-J-10), Evelyn Gibbs (68-J-ll),
Ronnie Lee Topping (68-J-12), Tyrone Dudley (68-
J-13), Theresa Blount (68-J-14), Linda Sue Gibbs
(68-J-15), Patricia Collin (69-J-27), Donald White
(69-J-25), W ilma Joyce Whitaker (69-J-26), James
Lambreth Howard (68-J-3), Rose Mary W hitney
(69-J-15), Cherlyn D. Whitney (69-J-2), Trina
Selby (69-J-7), Alonzo Edward Holloway (69-J-31)
* * *
2
Before WARD J., Hyde County District Court, Juvenile
Session, 9 January 1969. Appeal by ALL PARTIES
LISTED IN THE CAPTION. (Filed C. A. 4-1-69)
* * * *
JUVENILE PETITION (Barbara Burrus) #69-J-17
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Barbara Burrus
Age 13
Box 83, Fairfield, N. C.
Charles Smith, Petitioner, having sufficient knowledge or
information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within territorial jurisdiction of the
District Court for this County at the address shown
above.
2. That the names of the parents and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Lillie Mae Burrus mother Box 83, Fairfield, N.C.
David Burrus father Box 83, Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 14, 1968, stand
upon the Public Highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
3
such oversight and control as will promote the welfare
of such child and the best interest of the State.
This 3 day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P. Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69).
JUVENILE PETITION (Sarah Whitney) #69-J-18
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Sarah Whitney
Age 11
Rt. 1, Fairfield, N. C.
Charles Smith, Petitioner, having sufficient knowledge or
information to believe that the child named above (wheth
er one or more) is in need of the care, protection or dis
cipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Sarah Spencer Grandmother Rt. 1, Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and wilfully on November 14, 1968,
stand upon the public highway or street in such a manner
4
so as to impede the regular flow of traffic, in violation of
GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and controls as will promote the welfare of
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P. Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Darlene McCoy) #69-J-19)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Darlene McCoy
Age 12
Rt. 1, Box 64,
Fairfield, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
James McCoy Father Rt. 1, Box 64
Fairfield, N.C.
Carol McCoy Mother Rt. 1, Box 64,
Fairfield, N.C.
5
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 14, 1968, stand
upon the Public Highway or street in such a manner so
as to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P. Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Nina Whitney) #69-J-20)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Nina Whitney
Age 14
Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age, and
is now residing within the territorial jurisdiction of the
District Court for this County at the address shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Sarah Spencer Grandmother Fairfield, N.C.
6
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 14, 1968, stand
upon the highway or street in such a manner as to impede
the regular flow or traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P. Williamston, N.C.
(Verified by Sgt. Willie Rogers, Petitioner, 1-3-69)
JUVENILE PETITION (Dorene Harris) #69-J-3)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Dorene Harris
Age 12
Rt. 1, Box 69-C-l
Fairfield, N. C.
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
7
Name
James Burrus
Mellie Burrus
Relation
Father
Mother
Address
Rt. 1, Box 69-C-l
Fairfield, N.C.
Rt. 1, Box 69-C-l
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968, stand
upon the highway or street in such a manner as to impede
the regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3 day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P. Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Patricia Collins) #69-J-22
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Patricia Collins
Age 15
P.O. Box 122, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
8
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mary Edna Collins Mother P.O. Box 122
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on Nov. 14, 1968, stand upon
the public highway or street in such a manner so as to
impede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare
of such child and the best interest of the State.
This 3 day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P. Williamston, N.C.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Dollie Gibbs) #69-J-23
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Dollie Gibbs
Age 14
Fairfield, N. C.
Sgt. Willie Rogers, petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
9
1. That said child is less then sixteen years _ of age,
and is now residing within the territorial jurisdiction o
the District Court for this County at the address shown
above. , . ^
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Shirley Gibbs Mother Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 14, 1968, stand
upon the public highway or street in such a manner so as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare o±
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P. Williamston, N.C.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Maria Harris) # 69-J-24
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Maria Harris
Age 14
Rt. 1, Box 69-C-l, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
10
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mellie Burras Mother Rt. 1, Box 69-C-l
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 14, 1968, stand
upon the highway or street in such a manner as to impede
the regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P. Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 1-3-69)
11
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Trina Selby
Age 14
Rt. 1, Box 60, Engelhard, N.C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age, and
is now residing within the territorial jurisdiction of the
District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mr. James Mackey, Jr. Father Rt. 1, Box 60
Engelhard, N.C.
Mrs. James Mackey, Jr. Guardian Rt. 1, Box 60
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlaful and wilfully on November 12, 1968, stand
upon the highway or street in such a manner as to impede
the regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P. Washington, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Trina Selby) #6 9 -J -l
12
In the General Court of Justice
District Court Division
JUVENILE PETITION (Dorene Harris) #69-J-3
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Dorene Harris
Age 12
Rt. 1, Box 69-C-l, Fairfield, N. C.
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age, and
is now residing within the territorial jurisdiction of the
District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
James Harris Father
Burr us
Rt. 1, Box 69-C-l
Fairfield, N.C.
Janie B. Harris Mother
Mellie Burrus
Rt. 1, Box 69-C-l
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as to
impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
13
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3 day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Julia Anna Collins) #69-J-4
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the matter of
Julia Anna Collins
Age 14
Rt. 1, Box 65C, Engelhard, N. C.
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Pencie Cole Collins Mother Rt. 1, Box 65C,
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
14
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/&/ Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Cherlyn Whitney) #69-J-5
In the General Court of Justice
District Court Division
STATE OP NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Cherlyn Whitney (Shirley D. Whitney)
Age 15
Fairfield, N. C.
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
15
Name Relation Address
Bob Whitley
Fairfield, N.C.
Fairfield, N.C.
(Whitney)
Janie B. Whitney
Father
Mother
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Catherine Gibbs) #69-J-6
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Catherine Gibbs
Age 15
Fairfield, N. C.
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
/&/ Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
16
1. That said child is less than sixteen years _ of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation
Shirley Gibbs Mother
Address
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation o± Cjo
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt, Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
17
In the General Court of Justice
District Court Division
JUVENILE PETITION (Deborah Ann Collins) #69-J-8
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Deborah Ann Collins
Rt. 1, Box 65 C, Engelhard, N. C.
Age 11
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation
Pencie Collins Mother
Address
Rt., 1, Box 65C
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in sucĥ a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
18
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Marie Harris) #69-J-9
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Marie Harris
Age 14
Rt. 1, Box 69, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to- believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years _ of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
James Burrus Father Rt. 1, Box 69
Fairfield, N.C.
Mellie Burrus Mother Rt. 1, Box 69,
Fairfield, N.C.
19
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and willfully on November 12, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
,/s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Eddie Whitley) #69-J-10
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Eddie Whitley
Age 14
Fairfield, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
20
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Inna Farrow Mother Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/& / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Alonzo Edward Holloway)
#69-J-30
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Alonzo Edward Holloway
Age 15
Swan Quarter, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
21
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Johnny Holloway Father Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 7th day of January, 1969.
,/s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-7-69)
JUVENILE PETITION (Evelyn Evangeline Gibbs)
#69 -J -ll
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Evelyn Evangeline Gibbs
Age 12
Rt. 1, Box 37C, Engelhard, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protecti
or discipline of the State, alleges.
1 That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
Sh 2 That the names of the parents, and of _the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
22
Name
Mr. Pell Gibbs
Mrs. Pell Gibbs
Relation
Fattier
Mother
Address
Rt. 1, Box 37C
Engelhard, N.C.
Rt. 1, Box 37C,
Engelhard, N.C.
3 That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 13, 1968,
stand upon the highway or street m such a manner as
to impede the regular flow of traffic, in violation of GS
20 174 1Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
23
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Rose Mary Collins) #69-J-12
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Rose Mary Collins
Age 14
Box 175, Engelhard, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mr. Charles Weston Father Box 175, Engelhard,
N.C.
Box 175, Engelhard,
N.C.Mrs. Charles Weston Mother
24
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 13, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Debra Ann Collins) #69-J-13
In the General Court of Justice
District Court Division
STATE OP NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Debra Ann Collins
Age 11
Rt. 1, Box 65, Engelhard, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
25
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation
Pencie C. Collins Mother
Address
Box 65, Rt. 1,
Engelhard, N.C.
3, That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 13, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Catherine Ann Gibbs)
#69-J-14
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Catherine Ann Gibbs
Age 15
Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges :
26
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court of this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Shirley Gibbs Mother Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 13, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
,/s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. W. Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Julie Anna Collins) #69-J-16
In the General Court of Justice
District Court Division
STATE OP NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Julie Anna Collins
Age 14
Rt. 1, Box 65, Engelhard, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
27
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years_ of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Pencie C. Collins Mother Rt. 1, Box 65
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 13, 1968, stand
upon the highway or street in such a manner as to impede
the regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the Court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the wel
fare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
28
JUVENILE PETITION (Sudie Bell MeCuller) #69-J-29
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Sudie Bell MeCuller
Age 14
New Holland, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mr. Isiah MeCuller Father New Holland, N.C.
Mrs. Isiah MeCuller Mother New Holland, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 13, 1968, stand
upon the highway or street in such a manner as to impede
the regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
29
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N.C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Barbara Burrus)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Barbara Burrus
Age 14
Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
David Burrus Father Fairfield, N.C.
Lillie Mae Burrus Mother Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
30
Did unlawful and wilfully on December 6, 1968 stand
upon the highway or street in such a manner as to impede
the regular flow of traffix, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 6th day of December, 1968.
/ s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
JUVENILE PETITION (William Blount)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
William Blount
Age 14
Rt. 1, Box 369, Swan Quarter, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
31
Name Relation
Joe Lee Blount Father
Address
Rt. 1, Box 69
Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully, on December 6, 1968,
stand upon the highway or street in such a manner as to
impede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 6th day of December, 1968.
/ s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68).
JUVENILE PETITION (Nekola Green)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Nekola Green
Rt. 1, Box 113, Swan Quarter, N. C.
Age 14
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
32
the District Court for this County at the address shown
above.
That the names of the parents, and of the person hav
ing the guardianship, custody or supervision of said child
if other than a parent, are as follows:
Name Relation Address
Etta Green Grandmother Rt. 1, Box 113
Swan Quarter, N.C.
Edom Green Grandfather Rt. 1, Box 113
Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully, on December 6, 1968,
stand upon the highway or street in such a manner as to
impede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 6th day of December, 1968.
/ s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
33
JUVENILE PETITION (Sharon Harris) #68-J-7
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Sharon Harris
Age 14
P. 0. Box 55, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name
Foraker Harris
Relation
Grandfather
Katie Harris Grandmother
Address
P.O. Box 55.
Fairfield, N.C.
P.O. Box 55,
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully on December 6, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
34
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 6th day of December, 1968.
/ s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
JUVENILE PETITION (Sarah Annette Whitney)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Sarah Annette Whitney
Age 11
Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Sarah Spencer Grandmother Fairfield, N.C.
3. That the facts and circumstances supporting this
petition for court action are as follows:
35
Did unlawfully and willfully, on December 6, 1968,
stand upon the highway or street in such a manner as to
impede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare
of such child and the best interest of the State.
This 6th day of December, 1968.
/s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
JUVENILE PETITION (Walter Anthony Green)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Walter Anthony Green
Age 13
Rt. 1, Box 70, Swan Quarter, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years_ of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
36
Name Relation Address
Emily Green Grandmother Rt. 1, Box 70
Swan Quarter, N.C.
3. The facts and circumstances supporting this Peti
tion for court action are as follows:
Did unlawfully and willfully, on December 6, 1968,
stand upon the highway or street in such a manner as to
impede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 6th day of December, 1968.
/ s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
JUVENILE PETITION (Dessie Harris)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Dessie Harris
Age 14
Rt. 1, Box 68A, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
37
1. That said child is less than sixteen years _ of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of _ the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation
Arthur Harris Grandfather
Leone Harris Grandmother
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully, on Dec. 6, 1968, stand
upon the highway in such a manner as to impede the
regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare
of such child and the best interest of the State.
This 6th day of December, 1968.
,/s/ Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N.C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
Address
Rt. 1, Box 68A
Fairfield, N.C.
Rt. 1, Box 68A
Fairfield, N.C.
38
JUVENILE PETITION (Evelyn Gibbs)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Evelyn Gibbs
Age 12
Rt. 1, Box 37C, Engelhard, N.C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown
above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Pell Gibbs Father Rt. 1, Box 37C,
Engelhard, N.C.
Ada Pearl Gibbs Mother Rt. 1, Box 37C,
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully on December 6, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
39
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 6th day of December, 1968.
/ s / Sg t . W. R ogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. W. Rogers, Petitioner, on 12-6-68)
JUVENILE PETITION (Ronnie Lee Topping) #68-J-12
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Ronnie Lee Topping
Age 14
Rt, 1, Box 104, Swan Quarter, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name
Rosa Mackey
Relation Address
Mother Rt. 1, Box 104
Swan Quarter, N.C.
Rt. 1, Box 104
Swan Quarter, N.C.Golden Mackey Father
40
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully on December 6, 1968,
stand upon the highway or street in such a manner as
to impede the regular flor of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 6th day of December, 1968.
,/s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. Willie Rogers, Petitioner, on 12-6-68)
JUVENILE PETITION (Tyrone Dudley) #68-J-13
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Tyrone Dudley
Age 14
Rt. 1, Box 139, Swan Quarter, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
L That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
41
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Ella Dudley Grandmother Rt. 1, Box 139
Swan Quarter, N.C.
Daisey Dudley Grandfather Rt. 1, Box 139
Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully, on Dec. 6, 1968, stand
upon the highway in such a manner as to impede the
regular flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 6th day of December, 1968.
/s / Sgt. W. Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Charles Smith, Petitioner, on 12-6-68)
JUVENILE PETITION (Theresa Blount) #68-J-14
In the General Court of Justice
District Court Division
STATE OP NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Theresa Blount
Age 15
Rt. 1, Box 69, Swan Quarter, N. C.
Sgt. Willie Rogers, S.H.P., Petitioner, having suffi
cient knowledge or information to believe that the child
42
named above (whether one or more) is in need of the
care, protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Joe Lee Blount Father Rt. 1, Box 69
Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and willfully on Dec. 6, 1968, stand
upon the highway or street in such a manner as to im
pede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 13 day of December, 1968.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P.
(Verified by Sgt. Willie Rogers, Petitioner, on 12-13-68)
43
JUVENILE PETITION (Linda Sue Gibbs)
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Linda Sue Gibbs
Age 15
Rt. 1, Box 24, Fairfield, N. C,
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Caleb Gibbs, Jr. Father Rt. 1, Box 24
Fairfield, N.C.
Hazel Gibbs Mother Rt. 1, Box 24,
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and wilfully stand upon the highway
or street in such a manner as to impede the regular
flow of traffic, in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
44
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 16 day of December, 1968.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. Willie Rogers, Petitioner, on 12-16-68)
JUVENILE PETITION (Patricia Collins) #69-J-27
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Patricia Collins
Age 15
P.O. Box 122, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mary Edna Collins Mother P.O. Box 122
Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
45
Did unlawfully and wilfully on December 6, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. Willie Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Donald White) #69-J-25
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Donald White
Age 15
Rt. 1, Box 149, Swan Quarter, N. C.
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
46
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Harry Gibbs Uncle Rt. 1, Box 149
Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 18, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
,/s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Wilma Joyce Whitaker)
#69-J-26
In the General Court of Justice
District Court Division
STATE OP NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Wilma Joyce Whitaker
Age 14
Rt. 1, Box 188, Swan Quarter
Charles Smith, Petitioner, having sufficient knowledge
or information to believe that the child names above
47
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows;
Name Relation Address
Erma Blount Aunt Rt. 1, Box 188
Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 18, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of GS
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
48
JUVENILE PETITION (James Lambert Howard)
#68-J-3
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
James Lambert Howard
Age 15
P.O. Box 222, Engelhard, N. C.
Clyde Fentress, Petitioner, having sufficient knowledge
or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Thad Howard Father P.O. Box 222
Engelhard, N.C.
Pearl Howard Mother P.O. Box 222
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
1. Did unlawfully and willfully on December 5, 1968,
make rude and/or riotous noises and become disorderly
in/or near a public building, to-wit: 0. A. Peay School,
Swan Quarter, N. C., the property of Hyde County Board
of Education, in violation of GS 14-132. 2. Did unlaw
fully and willfully on said date above alleged interrupt
and disturb a public school to-wit: 0. A. Peay School,
Swan Quarter, N. C., and did deface said school furni
ture while said school was in regular session on Decem
ber 5, 1968, in violation of GS 14-273.
49
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 5th day of December, 1968.
/&/ C. 0. Fentress S.B.I.
Petitioner
Washington, North Carolina
(Verified by C. 0. Fentress, Petitioner, on 12-5-68)
JUVENILE PETITION (Rose Mary Whitney) #69-J-15
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Rose Mary Whitney
Age 15
P.O. Box 166, Fairfield, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mr. .George Whitney Father P.O. Box 166
Fairfield, N.C.
Mrs. George Whitney Mother P.O. Box 166
Fairfield, N.C.
50
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawfully and wilfully on November 13, 1968,
stand upon the highway or street in such a manner as
to impede the regular flow of traffic, in violation of 20-
174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
,/s / Sgt. W illie Rogers
Petitioner
S.H.P., Williamston, N. C.
(Verified by Sgt. W. Rogers, Petitioner, on 1-3-69)
JUVENILE PETITION (Shirley Whitley (Whitney))
#69-J-2
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Shirley Whitley (Whitney)
Fairfield, N. C.
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
51
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Bob Whitley
(Whitney) Father Fairfield, N.C.
Janie B. Whitney Mother Fairfield, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the public highway or street in such a man
ner so as to impede the regular flow of traffic, in viola
tion of GS 20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best- interest of the State.
This 3rd day of January, 1969.
,/s/ Sgt. Charles Smith
Petitioner
State Highway Patrol
Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
JUVENILE PETITION (Trina Selby) #69-J-7
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Trina Selby
Age 14
Rt. 1, Box 60, Engelhard, N. C.
52
I, Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges :
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Mr. James Mackey, Jr. Rt. 1, Box 60
Engelhard, N.C.
Mrs. James Mackey, Jr. Guardian Rt. 1, Box 60
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, stand
upon the highway or street in such a manner as to im
pede the regular flow of traffic in violation GS 20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 3rd day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69)
53
JUVENILE PETITION (Alonzo Edward Holloway)
#69-J-31
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Alonzo Edward Holloway
Age 15
Swan Quarter, N. C.
Sgt. Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Johnny Holloway Father Swan Quarter, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows: Did unlawful
and wilfully on November 22, 1968, stand upon the high
way or street in such a manner as to impede the regu
lar flow of traffic in violation of GS 20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the
welfare of such child and the best interest of the State.
This 7th day of January, 1969.
/ s / Sgt. Charles Smith
Petitioner
S.H.P., Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-7-69)
54
TO: David Burrus, Father Fairfield, N. C.
Lillie Mae Burrus, Mother Fairfield, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A
above case before the Judge of the
siding at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day of
December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded against
as for contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
JUVENILE SUMMONS (Barbara Burrus #68-J-4)
(RETURNED showing service 12-6-68)
Addresses
HEARING in the
District Court pre-
55
TO: Sarah Spencer, Grandmother Fairfield, N.C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day of
December, 1968,
For action by the court on the Petition
Alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law, and
if you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
JUVENILE SUMMONS (Sarah Annette Whitney
#68-J-8)
(RETURNED showing service 12-6-68)
56
TO: James McCoy Rt. 1, Box 64, Fairfield, N. C.
Carol McCoy Rt. 1, Box 64, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
JUVENILE SUMMONS (Darlene McCoy #69-J-19)
(RETURNED showing service 1-6-69)
57
JUVENILE SUMMONS (Nina Whitney #69-J-20)
To: Sarah Spencer Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
58
JUVENILE SUMMONS (Dorene Harris #69-J-3)
TO: Mellie Burrus Rt. 1, Box 69-C-l, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-6-69)
59
JUVENILE SUMMONS (Patricia Collins #69-J-22)
TO: Mary Edna Collins P.O. Box 122, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
60
JUVENILE SUMMONS (Dollie Gibbs #69-J-23)
TO: Shirley Gibbs Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
61
JUVENILE SUMMONS (Marie Harris #69-J-9)
TO: Mellie Burrus Rt. 1, Box 69, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r __________ ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-6-69)
62
JUVENILE SUMMONS (Trina Selby #69-J-l)
TO: Mr. James Mackey, Jr. Rt. 1, Box 60
Engelhard, N. C.
Mrs. James Mackey, Jr. Rt. 1, Box 60
Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-8-69)
63
JUVENILE SUMMONS (Dorene Harris #69-J-21)
TO: Mellie Burrus Rt. 1, Box 69-C-l, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-6-69)
64
JUVENILE SUMMONS (Julia Anna Collins #69-J-4)
TO: Pencie Cola Collins Rt. 1, Box 65C
Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ________ . ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
65
JUVENILE SUMMONS (Shirley Whitley (Shirley D.
Whitney) #69-J-2)
TO: Bob Whitley (Whitney) Fairfield, N. C.
Janie B. Whitney Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-8-69)
66
JUVENILE SUMMONS (Catherine Gibbs #69-J-6)
TO: Shirley Gibbs Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
67
JUVENILE SUMMONS (Deborah Ann Collins #69-J-8)
TO: Pencie Collins Rt. 1, 65C, Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
68
JUVENILE SUMMONS (Marie Harris #69-J-24)
TO: Mellie Burrus Rt. 1, Box 69-C-l, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-6-69)
69
JUVENILE SUMMONS (Eddie Whitley #69-J-10)
TO: Inna Farrow Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-7-69)
70
JUVENILE SUMMONS (Alonzo Edward Holloway
#69-J-30)
TO: Johnny Holloway Swan Quarter, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be deal with according
to the provisions of the North Carolina, juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 7th day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service 1-8-69)
71
JUVENILE SUMMONS (Evelyn Gibbs # 6 8 -J -ll)
TO: Pell Gibbs, Father Rt. 1, Box 37C
Engelhard, N. C.
Ada Pearl Gibbs, Mother Rt. 1, Box 37C
Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day
of December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
(RETURNED showing service 12-6-68)
72
JUVENILE SUMMONS (Rose Mary Collins #69-J-12)
TO: Mrs. Charles Weston Box 175, Engelhard, N. C.
Mr. Charles Weston Box 175, Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, yau may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the Superior
Court
(RETURNED showing service January, 19__)
73
JUVENILE SUMMONS (Debra Ann Collins #69-J-13)
TO: Pencie C. Collins, Box 65, Rt. 1, Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency,
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
(RETURNED showing service 1-7-69)
74
TO: Shirley Gibbs Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the above
case before the Judge of the District Court presiding at
a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Catherine Ann Gibbs
#69-1-14)
(RETURNED showing service 1-6-69)
75
TO: Pencie C. Collins Rt. 1, Box 65, Engelhard, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON
at such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law, and
if you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, o r __________ ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3 day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Julie Anna Collins
#69-J-16)
(RETURNED showing service 1-7-69)
76
TO: Victoria Weston Rt. 1, Box 75, Engelhard, N, C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9th day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law, and
if you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Elvira Vashti Weston
#69-J-28)
(RETURNED showing service January, 1969)
77
TO: Mr. and Mrs. Isiah McCuller New Holland, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Sudie Bell McCuller)
#69-J-29)
(RETURNED showing service 1-7-69)
78
JUVENILE SUMMONS
TO: Lillie Mae Burrus
David Burrus
Child, Parents, Other
Person having custody
(Barbara Burrus #69-J-17)
Box 83, Fairfield, N. C.
Box 83, Fairfield, N. C.
Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, or ______ ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3 day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
(RETURNED showing service 1-6-69)
79
TO: Joe Lee Blount, Father Rt. 1, Box 69,
Swan Quarter, N, C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day of
December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, or __________ ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
JUVENILE SUMMONS (William Blount #68-J-5)
(RETURNED showing service 12-8-68)
80
TO: Etta Green, Grandmother Rt. 1, Box 113,
Swan Quarter, N. C.
Edom Green, Grandfather Rt. 1, Box 113,
Swan Quarter, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day of
December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
JUVENILE SUMMONS (Nekola Green #68-J-6)
(RETURNED showing service 12-6-68)
81
TO: Foraker Harris, Grandfather P.O. Box 55,
Fairfield, N. C.
Katie Harris, Grandmother P.O. Box 55,
Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day of
December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r __________ ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
JUVENILE SUMMONS (Sharon Harris #68-J-7)
(RETURNED showing service 12-6-68)
82
JUVENILE SUMMONS (Sarah Whitney #69-J-18)
TO: Sarah Spencer Rt. 1, Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 9:30 o’clock, A.M., on the 9 day of
January, 1969,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according
to the provisions of the North Carolina juvenile law, and
if you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
(RETURNED showing service 1-7-69)
83
JUVENILE SUMMONS (Walter Anthony Green
#68-J-9)
TO: Emily Green, Grandmother Rt. 1, Box 70,
Swan Quarter, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18 day of
December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
(RETURNED showing service by Charlie Garawan,
Deputy Sheriff (NO DATE))
84
JUVENILE SUMMONS (Dessie Harris #68-J-10)
TO: Arthur Harris, Grandfather Rt. 1, Box 68A,
Fairfield, N. C.
Leona Harris, Grandmother Rt. 1, Box 68A,
Fairfield, N. C.
Child, Parents, Other
Person having custody Addresses
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina,
At 10:00 o’clock, A.M., on the 18th day of
December, 1968,
For action by the court on the Petition,
Alleging Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
(RETURNED showing service 12-6-68)
85
TO: Mr. Pell Gibbs Rt. 1, Box 37C, Engelhard, N. C.
Mrs. Pell Gibbs Rt. 1, Box 37C, Engelhard, N. C.
(Child, Parents, Other
Person having custody)
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9 day of January, 1969, For action by
the court on the Petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3 day of January, 1969.
Lenora R. Bright
Asst, Clerk Superior Court
JUVENILE SUMMONS (Evelyn Evangeline Gibbs,
No. 69 -J -ll)
(RETURNED showing service on 1-7-69)
TO: Rosa Mackey, Mother Rt. 1, Box 104,
Swan Quarter, N. C.
Golden Mackey, Father Rt. 1, Box 104,
Swan Quarter, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, At 10:00 o’clock,
a.m., on the 18 day of December, 1968, for action by
the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk Superior Court
86
(JUVENILE SUMMONS (Ronnie Lee Topping,
No. 68-J-12)
(RETURNED showing service on 12-11-68)
87
TO: Ella Dudley, Grandmother Rt. 1, Box 139,
Swan Quarter, N. C.
Daisey Dudley, Grandfather Rt. 1, Box 139,
Swan Quarter, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, at 10:00 o’clock,
a.m., on the 18 day of December, 1968, for action
by the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt writh according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof vdth the per
sons summoned.
This 6th day of December, 1968.
W. A llen Credle
Clerk Superior Court
JUVENILE SUMMONS (Tyrone Dudley, No. )
(RETURNED showing service on 12-7-68)
88
TO: Joe Lee Blount, Father Rt. 1, Box 69,
Swan Quarter, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, At 9:30 o’clock,
a.m., on the 19 day of December, 1968, For action by
the court on the petition alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 13 day of December, 1968.
Lenora R. Bright
Assistant Clerk of the
Superior Court
JUVENILE SUMMONS (Theresa Blount,
No. 68-J-14)
(RETURNED showing service on 12-13-68)
89
TO: Caleb Gibbs, Jr., Father Rt. 1, Box 24,
Fairfield, N. C.
Hazel Gibbs, Mother Rt. 1, Box 24,
Fairfield, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 19 day of December, 1968, for action by
the court of the petition alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 16 day of December, 1968.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Linda Sue Gibbs,
No. 68-J-15)
(RETURNED showing service on 12-16-68)
90
TO: Mary Edna Collins, P.O. Box 122, Fairfield, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above cases before the judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9 day of January, 1969, for action by
the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause wiiy the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide the
order of the court, you may be proceeded against as for
contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
(RETURNED showing service on 1-7-69)
JUVENILE SUMMONS (Patricia Collins,
No. 69-J-27)
91
TO: Harry Gibbs, Uncle Rt. 1, Box 149,
Swan Quarter, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9 day of January, 1969, for action by
the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Donald White,
No. 69-J-25)
(RETURNED showing service on 1-7-69)
92
TO: Erma Blount, Aunt
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court presid
ing at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9 day of January, 1969, for action by
the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or chil
dren named above should not be dealt with according to
the provisions of the North Carolina juvenile law, and if
you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, or _ ....... ........,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Wilma Joyce Whitaker,
No. 69-J-26)
(RETURNED showing service on 1-7-69)
Rt. 1, Box 188,
Swan Quarter, N. C.
98
JUVENILE SUMMONS (James Lembert Howard,
No. 68-J-3)
TO: James Lembert Howard
Thad Howard
Pearl Howard
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina, at 11:00 o’clock,
a.m., on the 11th day of December, 1968, for action
by the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law, a,nd
if you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against
as for contempt of court.
The sheriff of the county named above, o r ---------------- ,
is hereby directed to serve this summons by reading the
summons to and leaving true copies thereof with the
persons summoned.
This 5th day of December, 1968.
W. A llen Credle
Clerk of the Superior Court
(RETURNED showing service on 12-5-68)
P.O. Box 222,
Engelhard, N. C.
P.O. Box 222,
Engelhard, N. C.
P.O. Box 222,
Engelhard, N. C.
94
TO: Mr. George Whitney P. 0. Box 166
Fairfield, N. C.
Mrs. George Whitney, P. 0. Box 166
Fairfield, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9th day of January, 1969, for action
by the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The sheriff of the county named above, o r ___________,
is hereby directed to serve this summons by reading the
summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Rose Mary Whitney,
No. 69-J-15)
(RETURNED showing service on 1-6-69)
95
JUVENILE SUMMONS (Cherlyn Whitney (Shirely D.
Whitney), No. 69-J-5)
TO: Bob Whitley (Whitney) Fairfield, N. C.
Janie M. Whitney, Fairfield, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9 day of January, 1969, for action by
the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The sheriff of the county named above, o r ---------------- ,
is hereby directed to serve this summons by reading the
summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
(RETURNED showing service on 1-8-69)
96
TO: Mr. James Mackey, Jr. Rt. 1, Box 60
Engelhard, N. C.
Mrs. James Mackey, Jr. Rt. 1, Box 60
Engelhard, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9th day of January, 1969, for action
by the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The sheriff of the county named above, o r ___________,
is hereby directed to serve this summons by reading the
summons to and leaving true copies thereof with the
persons summoned.
This 3rd day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
JUVENILE SUMMONS (Trina Selby, No. 69-J-7)
(RETURNED showing service on 1-8-69)
97
TO: Johnny Holloway Swan Quarter, N. C.
Child, Parents, Other
Person having custody
YOU ARE SUMMONED TO A HEARING in the
above case before the judge of the District Court pre
siding at a session to be held
In Swan Quarter, North Carolina, at 9:30 o’clock,
a.m., on the 9th day of January, 1969, for action
by the court on the petition, alleging delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The sheriff of the County named above, o r ---------------- ,
is hereby directed to serve this summons by reading the
summons to and leaving true copies thereof with the
persons summoned.
This 7th day of January, 1969.
Lenora R. Bright
Asst. Clerk of the
Superior Court
(RETURNED showing service on 1-8-69)
JUVENILE SUMMONS (Alonzo Edward Holloway,
No. 69-J-31)
98
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 10th day of Jan., 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did in
tentionally, unlawfully, and wilfully stand upon the
traveled part or portion of a State highway and
street passing through and traversing the commu
nity of Swan Quarter and did wilfully, intentionally
and unlawfully stand upon that portion of said high
way and street used by the traveling public in the
operation of automobiles, trucks and other motor
vehicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
their traveling or operation and in some cases
caused said motor vehicles and the operators of same
to be detained, stop and cease operation and to force
same, in some cases, to seek detours or other methods
of traveling, all in such a way and manner as to
obstruct, hinder, impair and stop the progress of
said motor vehicles and their operators and to im
pede the regular flow and normal traffic of said
motor vehicles and their operators upon said high
way and street, contrary to the statute in such cases
made and provided, the same being Section 20-174.1
of the General Statutes of North Carolina, and
against the peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Bar
bara Burrus, No. 68-J-4)
H a l l e t t S. W ard
District Judge
99
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January,
1969, prior to any other proceedings in the case, on mo
tion by the solicitor for the State it is ordered that
paragraph #3 of the Juvenile Petition be amended to
read as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or about
Dec. 6, 1968, the defendant above named did in
tentionally, unlawfully, and wilfully stand upon the
traveled part or portion of a State highway and
street passing through and traversing the commu
nity of Swan Quarter and did willfully, intentionally
and unlawfully stand upon that portion of said
highway and street used by the traveling public in
the operation of automobiles, trucks and other motor
vehicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be
detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor
vehicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of
the General Statutes of North Carolina, and against
the peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Sarah
Annette Whitney, No. 68-J-8)
H a l l e t t S. W ard
District Judge
100
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion by
the solicitor for the State it is ordered that paragraph
# 3 of the Juvenile Petition be amended to read as
follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or about
Nov. 14, 1968, the defendant above named did in
tentionally, unlawfully, and willfully stand upon the
traveled part or portion of a State highway and
street passing through and traversing the commu
nity of Swan Quarter and did willfully, intentionally
and unlawfully stand upon that portion of said high
way and street used by the traveling public in the
operation of automobiles, trucks and other motor
vehicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be
detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor
vehicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of the
General Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Darl
ene McCoy, No. 69-J-19)
H a l l e t t S. W ard
District Judge
101
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th. day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or about
Nov. 14, 1968 the defendant above named did inten
tionally, unlawfully, and willfully stand upon the
traveled part or portion of a State highway and
street passing through and traversing the commu
nity of Swan Quarter and did willfully, intentionally
and unlawfully stand upon that portion of said high
way and street used by the traveling public in the
operation of automobiles, trucks and other motor
vehicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be
detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor
vehicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of
the General Statutes of North Carolina, and against
the peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Nina
Whitney, No. 69-J-20)
H a l l e t t S. W ard
District Judge
102
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968 the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a state highway and
street passing through and traversing the commu
nity of Swan Quarter and did willfully, intentionally
and unlawfully stand upon that portion of said high
way and street used by the traveling public in the
operation of automobiles, trucks and other motor
vehicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be
detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the General
Statutes of North Carolina, and against the peace
and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Dorene
Harris, No. 69-J-3)
H a l l e t t S. W ard
District Judge
103
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 14, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor
vehicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of
the General Statutes of North Carolina, and against
the peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Patri
cia Collins, No. 69-J-22)
H a l l e t t S. W a r d
District Judge
104
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or about
Nov. 14, 1968, the defendant above named did inten
tionally, unlawfully, and willfully stand upon the
traveled part or portion of a State highway and street
passing through and traversing the community of
Swan Quarter and did willfully, intentionally and un
lawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Dollie
Gibbs, No. 69-J-23)
H a l l e t t S. W ard
District Judge
105
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Marie
Harris, No. 69-J-9)
H a l l e t t S. W ard
District Judge
106
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or about
Nov. 12, 1968, the defendant above named did inten
tionally, unlawfully, and willfully stand upon the
traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Trina
Selby, No. 69-J-l)
H a l l e t t S. W ard
District Judge
107
The above captioned case being called at the term of
District Court of Hyde County called for the trial of juve
nile cases and held on the 9th day of January, 1969, prior
to any other proceedings in the case, on motion by the
solicitor for the State it is ordered that Paragraph # 3 of
the Juvenile Petition be amended to read as follows:
“ That the facts and circumstances supporting this peti
tion for court action as follows:
That at and in the county named above on or
about Nov. 14, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the opera
tion of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon the said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the General
Statutes of North Carolina, and against the peace
and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Do-
rene Harris, No. 69-J-21)
H a l l e t t S. W ard
District Judge
108
The above captioned case being called at the term of
District Court of Hyde County called for the trial of juve
nile cases and held on the 9th day of January, 1969, prior
to any other proceedings in the case, on motion bv the
solicitor for the State it is ordered that Paragraph # 8 of
the Juvenile Petition be amended to read as follows:
. “ That the facts and circumstances supporting this peti
tion for court action as follows:
That at and in the county named above on or about
Nov. 12, 1968, the defendant above named did inten
tionally, unlawfully, and willfully stand upon the
traveled part or portion of a State highway and
street passing through and traversing the commu
nity of Swan Quarter and did willfully, intentionally
and unlawfully stand upon that portion of said high
way and street used by the traveling public in the
operation of automobiles, trucks and other motor ve
hicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be
detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor ve
hicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of the
General Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Julia
Anna Collins, No. 69-J-4)
H a l l e t t S. W ard
District Judge
109
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion by
the solicitor for the State it is ordered that Paragraph
# 3 of the Juvenile Petition be amended to read as fol
lows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Shir
ley Whitley (Whitney), No. 69-J-2)
H a l l e t t S. W ard
District Judge
110
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Cath
erine Gibbs, No. 69-J-6)
H a l l e t t S. W ard
District Judge
I ll
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the opera
tion of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Debo
rah Ann Collins, No. 69-J-8)
H a l l e t t S. W ard
District Judge
112
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 14, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the opera
tion of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Marie
Harris, No. 69-J-24)
H a l l e t t S. W ard
District Judge
113
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Eddie
Whitley, No. 69-J-10)
H a l l e t t S. W ard
District Judge
114
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile Cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 12, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Alonzo
Edward Holloway, No. 69-J-30)
H a l l e t t S. W ard
District Judge
115
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Dec. 6, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Evelyn
Gibbs, No. 68 -J -ll)
H a l l e t t S. W ard
District Judge
116
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 13, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Rose
Mary Collins, No. 69-J-12)
H a l l e t t S. W ard
District Judge
117
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and, in the county named above on or
about Nov. 13, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20.174-1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Debra
Ann Collins, No. 69-J-13)
H a l l e t t S. W ard
District Judge
118
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 13, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Cath
erine Ann Gibbs, No. 69-J-14)
H a l l e t t S. W ard
District Judge
119
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that para
graph #2 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 13, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174-1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Julie
Anna Collins, No. 69-J-16)
H a l l e t t S. W ard
District Judge
120
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 13, 1968 the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Elvira
Vashti Weston, No. 69-J-28)
H a l l e t t S. W ard
District Judge
121
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 13, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and In some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Sudie
Bell McCuller, No. 69-J-29)
H a l l e t t S. W ard
District Judge
122
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Nov. 14, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Bar
bara Burrus, No. 69-J-17)
Hallett S. W ard
District Judge
123
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the County named above on or
about Dec. 6, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (W il
liam Blount, No. 68-J-5)
Hallett S. Ward
District Judge
124
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
petition for court action as follows:
That at and in the county named above on or
about Dec. 6, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a vTay and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles
and their operators upon said highway and street,
contrary to the statute in such cases made and pro
vided, the same being Section 20-174.1 of the Gen
eral Statutes of North Carolina, and against the
peace and dignity of the State.”
ORDER AMENDING JUVENILE PETITIONS (Nekola
Green, No. 68-J-6)
Hallett S. Ward
District Judge
125
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did intentional
ly, unlawfully, and willfully stand upon the traveled part
or portion of a State highway and street passing through
and traversing the community of Swan Quarter and did
willfully, intentionally and unlawfully stand upon that
portion of said highway and street used by the traveling
public in the operation of automobiles, trucks and other
motor vehicles in such a way and manner as to cause
said motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease their
traveling or operation and in some cases caused said
motor vehicles and the operators of same to be detained,
stop and cease operation and to force same, in some
cases, to seek detours or other methods of traveling, all
in such a way and manner as to obstruct, hinder, impair
and stop the progress of said motor vehicles and their
operators and to impede the regular flow and normal
traffic of said motor vehicles and their operators upon
said highway and street, contrary to the statute in such
cases made and provided, the same being Section 20-174.1
of the General Statutes of North Carolina, and against
the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Sharon
Harris, No. 69-J-7)
,/s / Hallett S. W ard
District Judge
126
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 14, 1968 the defendant above named did inten
tionally, unlawfully, and willfully stand upon the trav
eled part or portion of a State highway and street pass
ing through and traversing the community of Swan
Quarter and did willfully, intentionally and unlawfully
stand upon that portion of said highway and street used
by the traveling public in the operation of automobiles,
trucks and other motor vehicles in such a way and man
ner as to cause said motor vehicles being operated upon
the traveled portion of said street and highway to stop
and cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same
to be detained, stop and cease operation and to force
same, in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to obstruct,
hinder, impair and stop the progress of said motor ve
hicles and their operators and to impede the regular flow
and normal traffic of said motor vehicles and their oper
ators upon said highway and street, contrary to the stat
ute in such cases made and provided, the same being
Section 20-174.1 of the General Statutes of North Caro
lina, and against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Sarah
Whitney, No. 69-J-18)
,/s / Hallett S. W ard
District Judge
127
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6th, 1968 the defendant above named did inten
tionally, unlawfully, and willfully stand upon the trav
eled part or portion of a State highway and street pass
ing through and traversing the community of Swan
Quarter and did willfully, intentionally and unlawfully
stand upon that portion of said highway and street used
by the traveling public in the operation of automobiles,
trucks and other motor vehicles in such a way and man
ner as to cause said motor vehicles being operated upon
the traveled portion of said street and highway to; stop
and cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of trav
eling, all in such a way and manner as to obstruct, hin
der, impair and stop the progress of said motor vehicles
and their operators and to impede the regular flow and
normal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute in
such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Walter
Anthony Green, No. 68-J-9)
/&/ Hallett S. Ward
District Judge
128
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Dessie
Harris, No. 68-J-10)
,/s / Hallett S. Ward
District Judge
129
The above captioned case being called at the Term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about.
Nov. 13, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Evelyn
Evangeline Gibbs, No. 69-J -ll)
/ s / Hallett S. Ward
District Judge
130
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1969 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Ronnie
Lee Topping, No1. 68-J-12)
/ s / Hallett S. Ward
District Judge
131
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6 1969 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the
traveling public in the operation of automobiles, trucks
and other motor vehicles in such a way and manner as
to cause said motor vehicles being operated upon the
traveled portion of said street and highway to stop and
cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of trav
eling, all in such a way and manner as to obstruct, hin
der, impair and stop the progress of said motor vehicles
and their operators and to impede the regular flow and
normal traffic of said motor vehicles and their operation
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Sec
tion 20-174.1 of the General Statutes of North Carolina,
and against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Tyrone
Dudley, No. 68-J-13)
/ s / Hallett S. W ard
District Judge
132
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1989,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators upon
said highway and street, contrary to the statute in such
cases made and provided, the same being Section 20-174.1
of the General Statutes of North Carolina, and against
the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (The
resa, Blount, No. 68-J-14)
,/s / Hallett S. W ard
District Judge
133
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Linda
Sue Gibbs, No. 68-J-15)
,/s/ Hallett S. W ard
District Judge
134
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the ease, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did intention
ally, unlawfully and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators upon
said highway and street, contrary to the statute in such
cases made and provided, the same being Section 20-174.1
of the General Statutes of North Carolina, and against
the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Patri
cia Collins, No. 69-J-27)
,/s / Hallett S. W ard
District Judge
135
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 18, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and cease
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same, in
some cases, to seek detours or other methods of traveling,
all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators upon
said highway and street, contrary to the statute in such
cases made and provided, the same being Section 20-174.1
of the General Statutes of North Carolina, and against
the peace arid dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Don
ald White, No. 69-J-25)
,/s/ Hallett S. W ard
District Judge
136
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 18, 1968 the defendant above named did intention
ally, unlawfully and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and
cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of trav
eling, all in such a way and manner as to obstruct, hin
der, impair and stop the progress of said motor vehicles
and their operators and to impede the regular flow and
normal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Wilma
Joyce Whitaker, No. 69-J-26)
/ s / Hallett S. W ard
District Judge
137
ORDER AMENDING JUVENILE PETITIONS (James
Lembert Howard)
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action are as follows:
That at and in the County named above on or about
December 5, 1968 the defendant named above did un
lawfully, willfully and intentionally and did knowingly,
willfully and unlawfully interrupt and disturb the 0. A.
Peay School, the same being a public school owned and
operated by the Board of Education of Hyde County,
and located in the community of Swan Quarter, North
Carolina, and being a public building, by uttering rude
and riotous noises and shouts and by engaging in acts
of disorderly conduct in and near said public school
building, owned and operated by the Board of Education
of Hyde County, which said unlawfully, rude and riotous
noises, shouts and other disorderly conduct in and near
public school building interrupted and disturbed the op
eration of said public school.
And, the said Clyde Fentress, complainant as afore
said, upon oath further alleges that the said defendant,
James Lembert Howard, did further interrupt and dis
turb operation of a public school operated by the Board
of Education of Hyde County, the same being the 0. A.
Peay School, of the Community of Swan Quarter, by
engaging in disorderly acts and conduct in and near said
public school by seizing and scattering the papers, books
and other equipment of said school and by defacing, in
juring and damaging the public school furniture and
other educational equipment of the said 0. A. Peay
School, owned and operated by the Board of Education
of Hyde County, all of which occurred while said public
138
school was in regular session and performing the edu
cational functions administered by said Board of Educa
tion.
All of the above riotous and disorderly interruptions
and disturbances being contrary to the statutes made
and provided, the same being Sections 14-132 and 14-273
of the General Statutes of North Carolina, and contrary
to the peace and dignity of the State.
/ s / Hallett S. W ard
District Judge
139
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Dec. 6, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and
cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same
to be detained, stop and cease operation and to force
same, in some cases, to seek detours or other methods
of traveling, ail in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede the
regular flow and normal traffic of said motor vehicles and
their operators upon said highway and street, contrary
to the statute in such cases made and provided, the same
being Section 20-174.1 of the General Statutes of North
Carolina, and against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Rose
Mary Whitney, No. 68-J-15)
/&/ Hallett S. W ard
District Judge
140
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 9th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 12, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and
cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of trav
eling, all in such a way and manner as to obstruct, hin
der, impair and stop the progress of said motor vehicles
and their operators and to impede the regular flow and
normal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Cher-
lyn Whitney (Shirley D. Whitney), No. 69-J-5)
,/s / Hallett S. W ard
District Judge
141
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 12, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand upon
that portion of said highway and street used by the trav
eling public in the operation of automobiles, trucks and
other motor vehicles in such a way and manner as to
cause said motor vehicles being operated upon the trav
eled portion of said street and highway to stop and
cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of trav
eling, all in such a way and manner as to obstruct, hin
der, impair and stop the progress of said motor vehicles
and their operators and to impede the regular flow and
normal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Trina
Selby, No. 69-J-7)
/ s / Hallett S. W ard
District Judge
142
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 10th day of January, 1969,
prior to any other proceedings in the case, on motion
by the Solicitor for the State it is ordered that Para
graph # 3 of the Juvenile Petition be amended to read
as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 22, 1968 the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willlfully, intentionally and unlawfully stand
upon that portion of said highway and street used by
the traveling public in the operation of automobiles,
trucks and other motor vehicles in such a way and man
ner as to cause said motor vehicles being operated upon
the traveled portion of said street and highway to stop
and cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of trav
eling, all in such a way and manner as to obstruct, hin
der, impair and stop the progress of said motor vehicles
and their operators and to impede the regular flow and
normal traffic of said motor vehicles and their operators
upon said highway and street, contrary to the statute
in such cases made and provided, the same being Section
20-174.1 of the General Statutes of North Carolina, and
against the peace and dignity of the State.
ORDER AMENDING JUVENILE PETITIONS (Alonzo
Edward Holloway, No. 69-J-31)
,/s / Hallett S. W ard
District Judge
143
SUMMARY OF EVIDENCE:
IN RE: BARBARA BURRUS— 69-J-17
SARA WHITNEY— 69-J-18
DARLENE McCOY— 69-J-19
NINA WHITNEY— 69-J-20
DORENE HARRIS— 69-J-21
PATRICIA COLLINS— 69-J-22
DOLLIE GIBBS— 69-J-23 and
MARIE HARRIS— 69-J-24
Pursuant to GS 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge, commissioned to hold sessions of
District Court in this State and within the Second Judi
cial District for a term of four years, beginning Decem
ber 2, 1968, respectfully submits the following summar
ization of the evidence in the above listed Juvenile Hear
ings. Findings of fact are contained in the attached
Orders.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 9, 1969,
with the undersigned Judge presiding. The State was
represented by the Honorable Herbert Small, Solicitor
for the First Solicitorial District and the juveniles were
represented by James E. Ferguson, II, Esq. The State,
at the request of the said James E. Ferguson, II, moved,
that these matters, numbered 69-J-17 through 69-J-24,
inclusive, be consolidated for hearing, findings and dis
position. Motion allowed. The Solicitor moved that the
third paragraph of the Petition in these cases, 69-J-17
through 69-J-24, inclusive, be amended. The attorney for
the juveniles objected. The objection was overruled and
the amendment allowed. EXCEPTION No. 1. Upon the
call of the above enumerated matters for hearing and
disposition, the Court ordered the general public excluded
from the hearing room, stating that only officers of the
Court, the juveniles, their parents or guardians, and
witnesses should be present for the hearing. The attor
ney for the juveniles objected. Objection Overruled. EX-
144
CEPTION NO. 2. Each child was accompanied by his
or her mother or grandmother.
The attorney for the juveniles moved to dismiss the
petition for each juvenile on the grounds that the juve
nile statutes, N. C. Gen. Stat. Section 110-21, et. seq.,
under which these cases are to be tried are unconstitu
tionally vague and overbroad, and deprive the juveniles
of equal protection and due process of law. Motion de
nied. EXCEPTION NO. 3.
Mr. Ferguson requested a jury trial. Motion denied.
EXCEPTION NO. 4.
COURT: I have stated on several occasions, and in
the presence of at least some of you, that this will not
be a criminal trial. This will be a Juvenile Hearing
and, in no event, will any child be found to have com
mitted a crime. Our statutes provide in part that ses
sions of Juvenile Court shall be held at such times and
in such places within the County as the Judge shall from
time to time determine.
In the hearing of any case the general public may be
excluded and only such persons admitted as have a direct
interest in the case. Sessions of the Court shall not be
held in conjunction with any other business of the Court
and children’s cases shall not be heard at the same time
as those against adults. The Court shall maintain a full
and complete record of all cases brought before it to be
known as the Juvenile Record. All records may be with
held from indiscriminate public inspection in the dis
cretion of the Court but such record shall be open to
inspection by the parents, guardians or other authorized
representatives of the child concerned. No adjudication
shall operate as a disqualification of any child for any
public office and no child shall be denominated a criminal
by reason of such adjudication nor shall any such ad
judication be denominated a conviction.” Our Supreme
Court has stated that the express intention of this stat
ute is that in all proceedings under its provisions the
Court shall proceed upon the theory that a child under
its jurisdiction is the ward of the State and is subject
to the discipline and entitled to the protection which the
Court should give such child under the circumstances
145
disclosed in the case. Moreover, any Order of Judgment
made by the Court in the case of any child should be
subject to such modification from time to time as the
Court may consider to be for the welfare of the child.
In other words and to summarize, this is not a criminal
case but is a hearing to determine whether these children
or any of them are delinquent and in need of the pro
tection and guidance of the State.
SGT. CHARLES SMITH testified:
DIRECT EXAMINATION (By Mr. Small)
I am Sgt. Charles Smith, employed by the North
Carolina Highway Patrol. On November 14, 1968, I had
occasion to see Barbara Burrus, Sara Whitney, Darlene
McCoy, Nina Whitney, Dorene Harris, Patricia Collins,
Dollie Gibbs and Maria Harris. The first time I saw
them was just prior to noon. It was just a few minutes
before noon as the arrests were made at 12:05 P. M.,
November 14, 1968. When I saw them they were march
ing from the courthouse towards U. S. Highway 264
business. They were on the southern shoulder marching
west, facing oncoming traffic. I observed them marching
in this fashion about a mile. There were other persons
in the company of these respondents. They were all
marching down Highway 264 towards the courthouse. I
observed the group for approximately 30 minutes. In
my opinion, there were approximately 40 or 45 people
in the group. All the juveniles I have referred to were
taken into custody and 26 additional persons were taken
into custody.
Q Were these adults? Were the other 26 between
the ages of 16 and 21?
Objection. Overruled.
A There were 11 more juveniles.
By juveniles I mean persons under 16. There was no
one under 21 taken into custody.
Q Can you give any reason why the remaining 6 or
7 were not taken into custody?
Objection. Overruled.
146
A Yes sir. They were known to be juveniles and
were released.
The eight juveniles involved in this case gave us ages
from 16 to 18. Patricia Collins gave the birth date
1/19/52; Barbara Burrus gave the birth date 5/5/52;
Dorene Harris gave the birth date 10/15/52; Nina Whit
ney gave the birth date of 4/13/51; Darlene McCoy
gave the birth date 1/16/54; Sara Whitney gave the
birth date of 1/5/52; Dolly Gibbs gave the birth date
of 7/27/51 and Maria Harris gave the birth date of
11/6/52.
After taking them into custody and placing them
under arrest on the basis of the ages they gave me and
prior to this hearing I made an effort to ascertain their
correct date of birth.
Objection. Overruled.
Some of these came in and said they were younger
than they had previously advised. Part were looked up
in the Court records. The date of birth of each juvenile
is as follows:
Barbara Burrus, 5/5/54; Dorene Harris, 10/15/56;
Nina Whitney, 4/15/54; Sara Whitney, 1/5/57; Dolly
Gibbs, 7/27/54; and Maria Harris is 14 years of age.
These eight juveniles and others marched down the
street to the courthouse and walked out into the street
and started playing basketball and blocked traffic. They
were playing basketball in front of the courthouse on
highway 264 business here in Swan Quarter. They
blocked traffic at least one vehicle from each direction.
The traffic came to a complete halt. There was a red
truck coming west that turned around and went in an
easterly direction. There was at least one other vehicle
proceeding in the opposite direction. I do not recall the
type of vehicle.
Q Prior to this date, had these same individuals been
involved in any similar type of conduct?
Objection. Overruled. EXCEPTION NO. 5
A Yes, some had, Patricia Collins, twice; Barbara
Burrus, at least one other time; Dorene Harris, at least
two other times; Nina Whitney, one other time; Darlene
McCoy, one other time; Sara Whitney, one other time;
147
Dollie Gibbs, one other time; Maria Harris, two other
times.
Motion to strike. Motion denied. EXCEPTION NO. 6.
They remained in the street, blocking traffic several
minutes, I _ can’t tell exactly how many minutes. We
waited until traffic came and then we made the arrests,
after the traffic had stopped. While I was waiting for
the traffic to come, they were in the intersection here at
the courthouse playing basketball. At different times,
they just blocked the westbound lane of the intersection,
and later on they blocked both lanes. The lanes are paved
and are 24 feet wide, a lane for traffic in each direction.
The shoulder on the north side of the highway is 10 feet
or so wide. The shoulder on the other side is a gas sta
tion yard. When these defendants and others were in
both lanes, traffic could not go around. They were block
ing both lanes of traffic, laughing, hollering and playing
basketball, passing it back and forth. The two vehicles
detained were only detained a brief time before I could
clear the streets. I do not remember whether the occu
pants got out of the cars. The street was cleared so that
traffic could resume its normal flow, by taking these
people into custody and marching them to the jail. This
was done by a squad of state troopers, under my direc
tion. When they were taken into custody, I said some
thing to the group.
Q _What electronic aid did you use?
Objection. Overruled.
A A battery powered microphone that was necessary
in order to be heard. The group was singing, clapping
their hands and hollering. With the aid of the battery
powered microphone, I told the group two or three times
to clear the street. After I told them this, I told the
group that they were under arrest for blocking traffic.
I then summoned the squad of troopers. The squad was
in front of the courthouse some distance away from where
the group and I were standing. They remained in the
center of the road blocking traffic while the squad ap
proached, and remained there until the squad arrived.
After the squad arrived, we circled the group and moved
148
them from the intersection to the jail. There were eight
men in the squad, plus myself and Sgt. Rogers.
Q Were any members of the Sheriff’s Department
present at that time?
Objection. Overruled. EXCEPTION NO. 7.
A Yes sir. There was the Sheriff and two deputies.
The Sheriff and his deputies did not assist, but were
present if needed.
Q Had you requested them to be present or had they
requested you to be present?
Objection. Overruled. EXCEPTION NO. 8.
A They had asked us.
I w7as first on duty in Plyde County, September 11th.
Q Other than the group of approximately 40 that
participated in the activities you have described, were
there any other people in the vicinity, other than law
enforcement officers?
Objection. Overruled. EXCEPTION NO. 9.
A Yes. There were people in the gas station.
Q During the course of the demonstration when these
juveniles involved in these cases were taken into custody,
was there any statement by any in the group or any
placards giving reason for which they w7ere blocking the
street or any cause for which they might be crusading?
Objection. Overruled. EXCEPTION NO. 10.
A Yes.
CROSS EXAMINATION
When the Solicitor asked me earlier whether or not
any of these respondents had been involved in similar
incidents, I used something to refresh my recollection.
I used a list plus some warrants. I do not know whether
any of them have been brought to trial. On this occa
sion, I only saw one basketball. The entire group was
playing basketball. Sometimes they covered the entire
width of the road. There were approximately 40 to 50
persons that were standing in a group, more or less in
a circle. I know the relative positions of these defend
ants in the group. The majority of them were in the
westbound lane. I am using pictures to refresh my reeol-
149
lection on this. I am not able to identify each of these
respondents in these pictures. These pictures do not
reflect the entire portion of the road. They do not re
flect that the entire paved portion was covered. The
majority of these respondents were in the westbound
lane. The ones that I can identify from this picture I
cannot identify any of the respondents as to name, as
to face, I can. I agree that they don’t all show up on
the picture. The period of time that oncoming traffic
paused was very brief. I cannot tell the minutes the
traffic was blocked— the one vehicle traveling west was
blocked long enough that it turned around and went back
in the other direction. When these respondents were
arrested, they were placed under arrest for violation of
the criminal law. The ones that “pre-fabricated” their
ages were locked up. They were locked up for different
periods of time. Bond was set in each of these cases.
REDIRECT EXAMINATION
None of these juveniles were held in custody after
they gave their correct ages and this was verified.
Q It was only while you were under the mistaken
impression about their ages that they were held in cus
tody, is that correct.
Objection. Overruled. EXCEPTION NO. 11.
A Yes.
Q After the group formed in the street and so oc
cupied the street that all traffic on both traffic lanes was
blocked, did the group permit any traffic to pass until
after they were placed under arrest and taken into cus
tody?
Objection. Overruled. EXCEPTION NO. 12.
A Yes. A vehicle may have passed going west.
Q I mean after they got in the roadway.
A No sir.
Mr. Small: The State rests.
Mr. Ferguson: All of the juveniles move that the
cases against them be dismissed as a nonsuit on the
grounds that the juvenile statutes are unconstitutional
and that they have violated no law.
150
COURT: Motion denied. EXCEPTION NO. 13.
We renew our motion to dismiss. Motion denied. EX
CEPTION NO. 14.
The Court entered the following orders:
ORDER OP COMMITMENT AND PROBATION (Bar
bara Burras, No. 6-J-17)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore
explained to the child and to Lillie Mae Burras her
mother— the nature of this proceeding; as will appear
in the minutes; and said child being represented by
James E. Fergerson II, Esq., Attorney of Record; and
it having been agreed to by the said James E. Fergerson,
II and Hon. Herbert Small, Solicitor for this The First
Solicitorial District, that this matter should be consoli
dated with 69-J-18; 69-J-19; 69-J-20; 69-J-21; 69-J-22;
69-J-23; 69-J-24, for hearing, findings and disposition
and said attorneys having further agreed that such con
solidation is in no way prejudicial to said child and does
not violate the spirit or intent of Article 2, Chapter 110
of the General Statutes of North Carolina; and it appear
ing to the Court, and the Court finding as a fact, that
on or about the 14 day of November, 1968, the said
child did in the company of others go upon one of the
main traveled highways in Swan Quarter and did re
main upon said traveled portion of said highway in a
manner calculated to impede traffic and did in fact stop
and impede traffic— all of said acts having been willfully
and intentionally done and designed to impede traffic,
and that said acts constitute a violation of GC 20-174.1,
an act for which an adult may be punished by law;
and it further appearing to the Court and the Court
being satisfied and finding as a fact that the said child
is in need of the care, protection and discipline of the
151
State, and is in need of more suitable guardianship and
is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Barbara Burras be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in GS 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place des
ignated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. W ard
152
ORDER OF COMMITMENT AND PROBATION (Sara
Whitney, No. 6-J-18)
This matter, corning on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore
explained to the child and to Sara Spencer—her grand
mother, (Her mother was in New York and the where
abouts of her father was unknown), the nature of this
proceeding; as will appear in the minutes; and said child
being represented by James E. Furgerson II, Esq., At
torney of Record; and it having been agreed to by the
said James E. Furgerson, II and Hon. Herbert Small,
Solicitor for this The First Solicitorial District, that
this matter should be consolidated with 69-J-17; 69-J-19;
69-J-20; 69-J-21; 69-J-22; 69-J-23; 69-J-24, for bearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or
intent of Article 2, Chapter 110 of the General Statutes
of North Carolina; and it appearing to the Court, and
the Court finding as a fact, that on or about the 14th
day of November, 1968, the said child did in the com
pany of others go upon one of the main traveled high
ways in Swan Quarter and did remain upon said traveled
portion of said highway in a manner calculated to im
pede traffic and did in fact stop and impede traffic— all
of said acts having been willfully and intentionally done
and designed to impede traffic, and that said acts consti
tute a violation of GS 20-174.1, an act for which an
adult may be punished by law; and it further appearing
to the Court and the Court being satisfied and finding
as a fact that the said child is in need of the care, pro
tection and discipline of the State, and is in need of
more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Sara Whitney be, and she is hereby
committed to the custody of the Hyde County Depart
153
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for
the care of delinquents (as said institutions are enumer
ated in GS 134-91), after having first received notice
from the superintendent of said institution that such
person can be received, and held by said institution for
no definite term but until such time as The Board of
Juvenile Correction or the Superintendent of said insti
tution may determine, not inconsistent with the laws of
this State; this commitment is suspended and said child
placed upon probation for 12 months, under these special
conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place des
ignated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Darl
ene McCoy, No. 69-J-19)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Clara McCoy, her
154
grandmother, the nature of this proceeding; as will ap
pear in the minutes; and said child being represented by
James E. Furgerson II, Esq., Attorney of Record; and
it having been agreed to by the said James E. Furger
son, II and Hon. Herbert Small, Solicitor for this The
First Solicitorial District, that this matter should be
consolidated with 69-J-17; 69-J-18; 69-J-20; 69-J-21;
69-J-22; 69-J-23; 69-J-24; for hearing, findings and dis
position and said attorneys having further agreed that
such consolidation is in no way prejudicial to said child
and does not violate the spirit or intent of Article 2,
Chapter 110 of the General Statutes of North Carolina;
and it appearing to the Court, and the Court finding as
a fact, that on or about the 14th day of November, 1968,
the said child did in the company of others go upon one
of the main traveled highways in Swan Quarter and did
remain upon said traveled portion of said highway in a
manner calculated to impede traffic and did in fact stop
and impede traffic—-all of said acts having been willfully
and intentionally done and designed to impede traffic;
and that said acts constitute a violation of GS 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court being
satisfied and finding as a fact that the said child Is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Darlene McCoy be, and she Is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in GS 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
155
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place des
ignated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9 day of January, 1969.
/s ,/ Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Nina
Whitney, No. 69-J-20)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore
explained to the child and to Sara Spencer, her grand
mother— her mother being in New York— the nature of
this proceeding; as will appear in the minutes; and said
child being represented by James E. Furgerson II, Esq.,
Attorney of record; and it having been agreed to by
the said James E. Furgerson, II and Hon. Herbert Small,
Solicitor for this The First Solicitorial District, that this
matter should be consolidated with 69-J-17; 69-J-18;
69-J-19; 69-J-21; 69-J-22; 69-J-23; 69-J-24, for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
156
dicial to said child and does not violate the spirit or
intent of Article 2, Chapter 110 of the General Statutes
of North Carolina; and it appearing to the Court, and
the Court finding as a fact, that on or about the 14
day of November, 1968, the said child did in the com
pany of others go upon one of the main traveled highways
in Swan Quarter and did remain upon said traveled
portion of said highway in a manner calculated to im
pede traffic and did in fact stop and impede traffic— all
of said acts having been willfully and intentionally done
and designed to impede traffic; and that said acts consti
tute a violation of GS 20-174.1, an act for which ân
adult may be punished by law; and it further appearing
to the Court and the Court being satisfied and finding
as a fact that the said child is in need of the care, pro
tection and discipline of the State, and is in need of
more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Nina Whitney be, and she is hereby com
mitted to the custody of the Hyde County Department of
Public Welfare to be placed by said department in a
suitable institution maintained by the State for the care
of delinquents (as said institutions are enumerated in GS
184-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as The Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this com
mitment is suspended and said child placed upon proba
tion for 12 months, under these special conditions of pro
bation :
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening;
157
4. That said child attend some school, public or pri
vate, or some institution offering training approved by the
Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9 day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Do-
rene Harris, No. 69-J-21)
This matter, coming on to be heard, and being heard at
this regularly calendared session of Juvenile Court for
the County of Plyde convened this 9th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of Hyde
County, N. C.; and the Court having heretofore explained
to the child and to Mellie Burras— her mother, the nature
of this proceeding; as will appear in the minutes; and
said child being represented by James E. Furgerson II,
Esq., Attorney of record; and it having been agreed to by
the said James E. Furgerson, II and Hon. Herbert Small,
Solicitor for this The First Solicitorial District, that this
matter should be consolidated with 69-J-17; 69-J-18; 69-
J-19; 69-J-20; 69-J-22; 69-J-23; 69-J-24; for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or intent
of Article 2, Chapter 110 of the General Statutes of North
Carolina; and it appearing to the Court, and the Court
finding as a fact, that on or about the 14th day of No
vember, 1968, the said child did in the company of
others go upon one of the main traveled highways in
Swan Quarter and did remain upon said traveled portion
of said highway in a manner calculated to impede traffic
and did in fact stop and impede traffic-—all of said acts
having been willfully and intentionally done and designed
to impede traffic; and that said acts constitute a violation
of GS 20-174.1, an act for which an adult may be pun
158
ished by law; and it further appearing to the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is delin
quent.
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Dorene Harris be, and she is hereby
committed to the custody of the Hyde County Department
of Public Welfare to be placed by said department in a
suitable institution maintained by the State for the care
of delinquents (as said institutions are enumerated in GS
134-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as The Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this commit
ment is suspended and said child placed upon probation
for 12 months, under these special conditions of proba
tion:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening;
4. That said child attend some school, public or private,
or some institution offering training approved by the
Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION (Pa
tricia Collins, No. 69-J-22)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of Hyde
County, N. C.; and the Court having heretofore explained
to the child and to Mary Edna Collins—her mother, the
nature of this proceeding; as will appear in the minutes;
and said child being represented by James E. Furgerson
II, Esq., Attorney of record; and it having been agreed to
by the said James E. Furgerson, II and Hon. Herbert
Small, Solicitor for this The First Solicitorial District,
that this matter should be consolidated with 69-J-17; 69-
J-18; 69-J-19; 69-J-20; 69-J-21; 69-J-23; 69-J-24; for
hearing, findings and disposition and said attorneys hav
ing further agreed that such consolidation is in no way
prejudicial to said child and does not violate the spirit or
intent of Article 2, Chapter 110 of the General Statutes
of North Carolina; and it appearing to the Court, and the
Court finding as a fact, that on or about the 14 th day of
November, 1968, the said child did in the company of
others go upon one of the main traveled highways in Swan
Quarter and did remain upon said traveled portion of
said highway in a manner calculated to impede traffic and
did in fact stop and impede traffic— all of said acts hav
ing been willfully and intentionally done and designed to
impede traffic; and that said acts constitute a violation of
GS 20-174.1, an act for which an adult may be punished
by law; and it further appearing to the Court and the
Court being satisfied and finding as a fact that the said
child is in need of the care, protection and discipline of
the State, and is in need of more suitable guardianship
and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Patricia Collins be, and she is hereby
committed to the custody of the Hyde County Department
of Public Welfare to be placed by said department in a
suitable institution maintained by the State for the care
of delinquents (as said institutions are enumerated in
GS 134-91), after having first received notice from the
159
160
superintendent of said institution that such person can be
received, and held by said institution for no definite term
but until such time as The Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this commit
ment is suspended and said child placed upon probation
for 12 months, under these special conditions of proba
tion:
1. That said child violate none of the laws of North
Carolina for 12 months:
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening;
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION (Dol-
lie Gibbs, No. 69-J-23)
This matter, coming on to be heard, and being heard at
this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of Hyde
County, N. C.; and the Court having heretofore explained
to the child and to Shirley Gibbs—her mother, the nature
of this proceeding; as will appear in the minutes; and
said child being represented by James E. Furgerson II,
Esq., Attorney of record; and it having been agreed to by
the said James E. Furgerson, II and Hon. Herbert Small,
Solicitor for this The First Solicitorial District, that this
161
matter should be consolidated with 69-J-17; 69-J-18; 69-
J-19; 69-J-20; 69-J-21; 69-J-22; 69-J-24; for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or intent
of Article 2, Chapter 110 of the General Statutes of North
Carolina; and it appearing to the Court, and the Court
finding as a fact, that on or about the 14th day of No
vember, 1968, the said child did in the company of others
go upon one of the main traveled highways in Swan
Quarter and did remain upon said traveled portion of
said highway in a manner calculated to impede traffic and
did in fact stop and impede traffic— all of said acts having
been willfully and intentionally done and designed to im
pede traffic; and that said acts constitute a violation of
GS 20-174.1, an act for which an adult may be punished
by law; and it further appearing to the Court and the
Court being satisfied and finding as a fact that the said
child is in need of the care, protection and discipline of
the State, and is in need of more suitable guardianship
and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Dollie Gibbs be, and she is hereby com
mitted to the custody of the Hyde County Department of
Public Welfare to be placed by said department in a suit
able institution maintained by the State for the care of
delinquents (as said institutions are enumerated in GS
134-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as The Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this commit
ment is suspended and said child placed upon probation
for 12 months, under these special conditions of proba
tion:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
162
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening;
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s/ Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Maria
Harris, No. 69-J-24)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Mellie Burras— her mother,
the nature of this proceeding; as will appear in the min
utes; and said child being represented by James E. Fur-
gerson II, Esq., Attorney of record; and it having been
agreed to by the said James E. Furgerson, II and Hon.
Herbert Small, Solicitor for this The First Solicitorial
District, that this matter should be consolidated with 69-
J-17; 69-J-18; 69-J-19; 69-J-20; 69-J-21; 69-J-22; 69-
J-23; for hearing, findings and disposition and said attor
neys having further agreed that such consolidation is in
no way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 14th day of November, 1968, the said child did in the
company of others go upon one of the main traveled high
ways in Swan Quarter and did remain upon said traveled
portion of said highway in a manner calculated to impede
163
traffic and did in fact stop and impede traffic— all of said
acts having been willfully and intentionally done and de
signed to impede traffic; and that said acts constitute a
violation of GS 20-174.1, an act for which an adult may
be punished by law; and it further appearing to the Court
and the Court being satisfied and finding as a fact that
the said child is in need of the care, protection and dis
cipline of the State, and is in need of more suitable guard
ianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Maria Harris be, and she is hereby com
mitted to the custody of the Hyde County Department of
Public Welfare to be placed by said department in a suit
able institution maintained by the State for the care of
delinquents (as said institutions are enumerated in GS
134-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as The Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this commit
ment is suspended and said child placed upon probation
for 12 months, under these special conditions of proba
tion :
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening;
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9 day of January, 1969.
/s / Hallett S. Ward
164
To the signing and entry of the foregoing judgments the
respondent juveniles object and except. EXCEPTION
NO. 15.
APPEAL ENTRY
COURT: Do you wish to note any appeal?
MR. FERGUSON: Yes, and I would like 60 days in
which to prepare the case on appeal.
COURT: I am afraid that this is too much time, too
much time under the rules.
MR. FERGUSON: I would also like to be allowed to
proceed in forma pauperis.
COURT: I am afraid that I cannot allow that simply
upon your request. We should examine the statutes, how
ever; I am willing, if I can, to allow you to proceed with
out an appeal bond. EXCEPTION NO. 16.
MR. FERGUSON: You might permit me to have the
parents swTorn and treat the testimony as an affidavit.
COURT: I am afraid that I cannot do that. EXCEP
TION NO. 17. I am going to suggest that you dictate
your own appeal entries in whatever fashion you deem
appropriate and I will sign whatever you dictate.
MR. FERGUSON: The respondent and his or her
parents or guardian in open Court, by and through his
counsel, give notice of appeal to the North Carolina Court
of Appeals. Each of the respondents and his or her par
ents or guardian moves the court for leave to proceed on
the appeals in forma pauperis alleging that each respond
ent and his parents are indigent and unable to pay cost
of appeal, and request that the State bear the expense
of the cost of transcript. The juveniles are given 60 days
within which to make up and serve their case on appeal
upon the State. The State is allowed 30 days therefrom
to make up and serve countercase or exceptions. The time
for docketing the case is hereby extended ten days beyond
the 90 days statutory period.
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 9,
165
1969, at a regularly calendared session of Juvenile Court
in Hyde County.
This the .......day of March, 1969.
/ s / Hallett S. W ard
Judge Presiding
SUMMARY OF EVIDENCE:
IN RE: TRINA SELBY— 69-J-l
DORENE HARRIS— 69-3
JULIA ANNA COLLINS— 69-J-4
CHERLYN WHITNEY— 69-J-5
CATHERINE GIBBS— 69-J-6
DEBORAH ANN COLLINS— 69-J-8
MARIA HARRIS— 69-J-9
EDDIE WHITLEY— 69-J-10 and
ALONZO EDWARD HOLLOWAY— 69-J-30
Pursuant to GS 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice in
the Court of Appeals of North Carolina, the undersigned
District Judge, commissioned to hold sessions of District
Court in this State and within the Second Judicial Dis
trict for a term of four years, beginning December 2,
1968, respectfully submits the following summarization
of the evidence in the above listed Juvenile Hearings.
Findings of fact are contained in the attached Orders.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 9, 1969,
with the undersigned Judge presiding. The State was
represented by the Honorable Herbert Small, Solicitor for
the First Solicitorial District and the juveniles were rep
resented by James E. Ferguson, II, Esq. The State, at
the request of the said James E. Ferguson, II, moved that
these matters, numbered 69-J-l, 69-J-3, 69-J-4, 69-J-5, 69-
J-5, 69-J-6, 69-J-8, 69-J-10 and 69-J-30, inclusive, be con
solidated for hearing, findings and disposition. Motion
166
allowed. The solicitor moved that the third paragraph of
the petition in these cases 69-J-l, 69-J-3, 69-J-4, 69-J-5,
69-J-6, 69-J-8, 69-J-9, 69-J-10 and 69-J-30, inclusive, be
amended. The attorney for the juveniles objected. The
objection was overruled and the amendment allowed.
(EXCEPTION NO. 18). Upon the call of the above
enumerated matters for hearing and disposition, the
Court ordered the general public excluded from the hear
ing room, stating that only officers of the Court, the juve
niles, their parents or guardians, and witnesses should be
present for the hearing. The attorney for the juveniles
objected. Objection overruled. (EXCEPTION NO. 19).
Each child was accompanied by his or her mother or
grandmother.
The attorney for the juveniles moved to dismiss the
Petition for each juvenile on the grounds that the juvenile
statutes of North Carolina, N.C. Gen. Stat. Section 110-
21, et seq., under which these cases are to be tried are
unconstitutionally vague and overbroad, and deprive the
juveniles of equal protection and due process of law. Mo
tion denied. (EXCEPTION NO. 20).
Mr. Ferguson requested a jury trial. Motion denied.
(EXCEPTION NO. 21).
COURT: As I have advised previously, this is a ses
sion of Juvenile Court and is not a criminal hearing. That
is why I have excluded the general public. I want to read
to you from our General Statutes that provide in part as
follows: that sessions of Juvenile Court shall be held at
such times and in such places within the County as the
Judge shall from time to time determine. In the hearing
of any case, the general public may be excluded and only
such persons admitted as have a direct interest in the
case. Sessions of the Court shall not be held in conjunc
tion with any other business of the Court, and children’s
cases shall not be heard at the same time as those against
adults. The Court shall maintain a full and complete
record of all cases brought before it, to be known as the
Juvenile Record. All records may be withheld from indis
criminate public inspection in the discretion of the Court,
but such record shall be open to inspection by the parents,
guardians, or other authorized representatives of the child
167
concerned. No adjudication shall operate as a disqualifi
cation of any child for any public office and no child shall
be denominated a criminal by reason of such adjudication,
nor shall any such adjudication be denominated a convic
tion. Our Supreme Court has stated that the express in
tention of this statute is that in all proceedings under its
provisions, the Court shall proceed upon the theory that
a child under its jurisdiction is the ward of the State and
is subject to the discipline and entitled to the protection
which the court should give such child under the circum
stances disclosed in the case. Moreover, any Order or
Judgment made by the Court in the case of any child
should be subject to such modification from time to time
as the Court may consider to be for the welfare of the
child. In other words, and to summarize, this is not a
criminal case, but is a hearing to determine whether these
children or any of them are delinquent and in need of the
protection and guidance of the state.
SERGEANT CHARLES SMITH
DIRECT EXAMINATION (By Mr. Small)
I am Sgt. Charles Smith and I am employed by the
North Carolina State Highway Patrol. I was in Hyde
County on November 12, 1968. At that time I had the
opportunity to see Trina Selby, Dorene Harris, Julia
Anna Collins, Cherlyn Whitney, Katherine Gibbs, Debra
Ann Collins, Maria Harris, Eddie Whitley and Alonzo
Edward Holloway. I first saw them before noon on U. S.
264 business by-pass. It was approximately 11:00 A.M.
Highway 264 business is here in Swan Quarter. I ob
served this group marching toward the courthouse at an
earlier time. When I first saw them, they were about a
mile from the courthouse. They were marching in a
westward direction on the left shoulder facing traffic. A
few of them were on the pavement. The group consisted
of twenty-six persons plus. They continued to march on
the lefthand side of the road until they arrived in Swan
168
Quarter. When they arrived in Swan Quarter, they went
to the courthouse where they sang and chanted. Tins was
in front of the parking lot, on the sidewalk and the court
house steps. This continued, I would say, fifteen or twen
ty minutes. Then they started marching back east until
they reached a point near the church. That is a brick
church, I believe the Methodist Church. It is a couple of
blocks from the courthouse.
When they got to a point in the vicinity of the Church,
they walked into the roadway, about twenty-six in the
roadway. When they got in the roadway, they milled
about—just stood there. They stood on the highway sev
eral minutes. I don’t remember just how long. The
traffic was blocked from both directions before the arrests
were made. My car was blocked and the patrol car be
hind my car was blocked. At that point the paved portion
of the highway is about twenty-one feet wide. There is a
lane of travel in each direction and shoulders on each side
of the paved portion of the highway. The shoulders are
about twelve feet or so wide.
When this group occupied the highway, traffic proceed
ing west could not pass the group without doing personal
injury to them. Traffic could not proceed east without
doing personal injury to them. Traffic in each direction
stopped while the group was dispersed across the high
way. I would say traffic remained held up about ten
minutes. After my vehicle came to rest, I attempted to
have these people move from the traveled portion of the
highway with a loud speaker. I personally asked them to
get off the highway. They did not move. I used a loud
speaker to be heard.
Q Was there any noise out there to prevent you from
being heard if you spoke in a normal voice?
OBJECTION— OVERRULED (EXCEPTION NO. 22)
A Yes, sir.
The noise consisted of singing, shouting and clapping
hands.
Q Was there singing, clapping hands and shouting by
the group of nine juveniles before the Court now?
169
OBJECTION— OVERRULED. (EXCEPTION NO. 23)
A I will have to say that they were in the group that
was singing, shouting and clapping hands. So far as I
can say, most of the group participated in singing, shout
ing and clapping of hands. There were twenty-six plus in
the group and twenty-six were taken into custody. I
can’t say they were all clapping their hands.
Q The majority of them?
OBJECTION— OVERRULED (EXCEPTION NO. 24)
A Yes.
They were singing and chanting and the nine juveniles
were in the group at that time. I requested them to clear
the highway for traffic two or three times. They did not
clear the highway until they were placed under arrest. I
signaled the troopers in placing them under arrest. The
troopers were at the courthouse about two blocks away.
The troopers traveled to the scene by patrol car. They
got in the patrol car after I signaled for them and drove
up where I was. They got out of the patrol car. The
squad was formed and walked the people off the highway.
The squad withdrew them to the opposite shoulder of the
highway.
Q When they were marched across to one shoulder,
did you make any statement to them about keeping the
highway clear?
OBJECTION— OVERRULED (EXCEPTION NO. 25)
A Yes. I informed them they would be arrested if
they continued to block traffic.
There were vehicles blocked from both directions. I
don’t know how many. They were detained a matter of
minutes. When the group was placed under arrest I told
them they were being arrested for blocking traffic. The
squad moved in and placed the people in patrol ears and
took them to the courthouse. I did not have any difficulty
with the ones I put in my car. No trouble with any of
these nine before the Court. Others in the group did give
trouble. There were twenty-six arrested at the time. All
of them said they were sixteen or over. Julia Collins said
170
she was born 3/15/52, Debra Collins said she was born
4/11/52. Dorene Harris said she was born 2/15/52.
Cherlyn Whitney said she was born 9/19/52. Maria
Harris said she was born 11/5/52. Trina Selby said she
was born 2/13/51. Katherine Gibbs said she was born
8/1/51. Eddie Whitley said he was born 9/11/52. Alonzo
Holloway said he was born 9/13/52. On the basis of what
they told me, I placed them under arrest for violation of
General Statute 20-174.1. I later ascertained their cor
rect ages. Julia Collins’ birth date was 12/22/54; Dorene
Harris 10/15/56; Maria Harris was 12/17/54; Debra
Collins 2/25/57; Eddie Whitley 2/25/54. I do not have
the ages of Trina Selby, Katherine Gibbs and Alonzo Hol
loway.
CROSS EXAMINATION (By James E. Ferguson, II) :
When I first saw these nine juveniles, they were on
their way through town. I was in close proximity to the
marchers, I was in front of some, beside them and behind
them. My mode of travel was by patrol car. I had been
seeing the faces of these juveniles many times over the
past several weeks. I was familiar with the names. So
far as putting the names with the faces, I could not do
it to all of them now. At the first time I saw these in
dividuals marching toward town, I could not identify
these individuals as being in the group. At the time they
came into town they did not block traffic anywhere. They
came here to the courthouse and sang and chanted for a
while. They did not block traffic at that time. They pro
ceeded back out of town about two blocks and were still
in town. They were headed east. They proceeded some
distance without blocking any traffic. I was with them
at the time they proceeded east after they left the court
house. I wTas riding along in my patrol car. It was
down close to the Methodist Church when some of them
went out on the paved portion of the road. I didn’t say
how many people there were all together. I said there
were twenty-six taken into custody. These twenty-six
dropped off the rear end of the march. I don’t know how
many were participating in the march. I wouldn’t ven
ture an opinion. They were all in a body until this group
171
walked into the street, Part of the others stopped on the
shouder and part of them proceeded east. While these
twenty-six people went in the road, they just milled about
in a body. I do not know the relative position of each of
these nine juveniles in that group.
I could say that each of these respondents and everyone
was in a lane of traffic. I don’t know where they were
in relation to the shoulder or the center line, but they*
were on the hard surface of the road in this group of
twenty-six. When I arrested these nine juveniles, I took
them into custody. I brought criminal charges against
them. I do not know how long they remained in custody.
Bail was set, I said that my squad marched them oif the
road more than once. No one resisted being marched off
the road. I said I marched them off the road more than
once. I do not know how many times. I can’t determine
whether everybody who was marched off came back on the
road. Each time they were marched off the road I can’t
say there was oncoming traffic besides my patrol car. At
the time the arrests were made, traffic was blocked both
ways. At the time the arrests were made, I was out of
my patrol car and had been on my feet several minutes
with the rest of the men. My patrol car was sitting on
the right lane headed east. Regardless of what the per
sons in the road were doing, any oncoming traffic would
have been blocked by my car. I got out of my patrol car
one time and marched them off the highway and they
walked out in front of my vehicle and I got out then and
stayed out until the arrests were made and then I drove
back to the courthouse. I used a battery powered loud
speaker to address the group. They were singing and
chanting and there was noise.
Q Do you recall what songs they were singing and
chanting?
A I heard so many.
Q Were they freedom songs?
OBJECTION— SUSTAINED
I do not know why these people were out on the road.
I stated that there was a large crowd of persons march
ing. I have an opinion why they were marching. It is
172
to protest the centralization of the Hyde County Schools.
At the time I made the arrests and at no other time did
I have any trouble with the group.
REDIRECT EXAMINATION (By Mr. Small)
The group had been demonstrating over consolidation
of schools almost continuously since September 11th.
Q During the course of these demonstrations, did you
take these nine juveniles into custody on other occasions?
OBJECTION— OVERRULED. (EXCEPTION NO. 26)
A Yes. I took Julia Collins, twTo more warrants; Do-
rene Harris, two more, Cherlyn Whitney, one more;
Maria, two more; Debra Collins, two more; Trina Selby,
two more; Katherine Gibbs, one more; Eddie Whitley, one
more; and Alonzo Holloway, two more.
MR. FERGUSON: Motion to strike (EXCEPTION
NO. 27). MOTION DENIED.
RECROSS EXAMINATION (By Mr. Ferguson) :
The race of all persons participating in the demonstra
tion was colored.
Q To your knowledge, didn’t the demonstration grow
out of the fact black people in Hyde County felt that the
manner of consolidation was discriminating against
them?
OBJECTION— SUSTAINED.
MR. SMALL: The State rests.
MR. FERGUSON: The juveniles, and all of them,
move to dismiss as of nonsuit on the grounds stated and
argued in the first cases tried this morning.
COURT: Motion denied. (EXCEPTION NO, 28)
MR. FERGUSON: Exception.
MR. FERGUSON: There is no evidence for any of
the juveniles. We renew our motion to dismiss. Motion
denied. (EXCEPTION NO. 29)
The Court entered the following orders.
173
ORDER OF COMMITMENT AND PROBATION (Trina
Selby, No. 69-J-l)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of Hyde
County, N. C.; and the Court having heretofore explained
to the child and to Bessie Matthews, aunt, the nature of
this proceeding; as will appear in the minutes; and said
child being represented by James E. Furgerson II, Esq.,
Attorney of record; and it having been agreed to by the
said James E. Furgerson II, and Hon. Herbert Small,
Solicitor for this The First Solicitorial District, that this
matter should be consolidated with 69-J-3; 69-J-4; 69-J-5;
69-J-6; 69-J-8; 69-J-9; 69-J-10; 69-J-30, for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or in
tent of Article 2, Chapter 110 of the General Statutes of
North Carolina; and it appearing to the Court, and the
Court finding as a fact, that on or about the 12th day of
November, 1968, the said child did in the company of
others go upon a main traveled highway in Swan Quarter
and did remain upon the said traveled portion of said
highway and did, thereby, stop and impede traffic; and
did persist in stopping and impeding traffic after being
directed to remove from said highway— said acts having
been wilfully and intentionally done and designed to im
pede traffic, and that said acts constitute a violation of
G.S. 20-174.1, an act for which an adult may be punished
by law; and it further appearing to the Court and the
Court being satisfied and finding as a fact that the said
child is in need of the care, protection and discipline of
the State, and is in need of more suitable guardianship
and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Trina Selby be, and she is hereby com
mitted to the custody of the Hyde County Department of
Public Welfare to be placed by said department in a suit
174
able institution maintained by the State for the care of
delinquents (as said institutions are enumerated in G.S.
134-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as The Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsist with the laws of this State; this commitment
is suspended and said child placed upon probation for 12
months under these special conditions of probation:
1. That said child violate none of the laws of North
Carolina for over 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her resident by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Dor-
ene Harris, No. 69-J-3)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of Hyde
County, N. C.; and the Court having heretofore explained
to the child and to Mellie Burras, her mother, the nature
of this proceeding; as will appear in the minutes; and
said child being represented by James E. Furgerson II,
175
Esq., Attorney of record; and it having been agreed to by
the said James E. Furgerson II, and Hon. Herbert Small,
Solicitor for this The First Solicitorial District, that this
matter should be consolidated with 69-J-l; 69-J-4; 69-J-5;
69-J-6; 69-J-8; 69-J-9; 69-J-10; 69-J-30; for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or
intent of Article 2, Chapter 110 of the General Statutes
of North Carolina; and it appearing to the Court, and the
Court finding as a fact, that on or about the 12th day of
November, 1968, then said child did in the company of
others go upon a main traveled highway in Swan Quarter
and did remain upon the said traveled portion of said
highway and did, thereby stop and impede traffic; and did
persist in stopping and impeding traffic after being di
rected to remove from said highway— said acts having
been wilfully and intentionally done and designed to im
pede traffic, and that said acts constitute a violation of
G.S. 20-174.1, an act for which an adult may be punished
by law; and it further appearing to the Court and the
Court being satisfied and finding as a fact that the said
child is in need of the care, protection and discipline of
the State, and is in need of more suitable guardianship
and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Dorene Harris be, and she is hereby
committed to the custody of the Hyde County Department
of Public Welfare to be placed by said department in a
suitable institution maintained by the State for the care
of delinquents (as said institutions are enumerated in
G.S. 134-91), after having first received notice from the
superintendent of said institution that such person can
be received, and held by said institution for no definite
term but until such time as The Board of Juvenile Cor
rection or the Superintendent of said institution may de
termine, not inconsistent with the laws of this State; this
commitment is suspended and said child placed upon pro
bation for 12 months, under these special conditions of
probation:
176
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o clock
P.M. each evening.
4 That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Julia
Anna Collins, No. 69-J-4)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of January,
1969; and the Court having determined that said_ child is
under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Pencie Collins, her mother, the
nature of this proceeding; as will appear in the minutes,
and said child being represented by James E. Furgerson
II, Esq., Attorney of record; and it having been agreed
to’ by the said James E. Furgerson II, and Hon. Herbert
Small, Solicitor for this The First Solicitorial District,
that this matter should be consolidated with 69-J-l; 69-
J-3; 69-J-5; 69-J-6; 69-J-8; 69-J-9; 69-J-10; 69-J-30, for
hearing, findings and disposition and said attorneys hav
ing further agreed that such consolidation is in no way
prejudicial to said child and does not violate the spirit
or intent of Article 2, Chapter 110 of the General Stat
177
utes of North Carolina; and it appearing to the Court,
and the Court finding as a fact, that on or about the
12th day of November, 1968, the said child did in the
company of others go upon a main traveled highway in
Swan Quarter and did remain upon the said traveled
portion of said highway and did, thereby, stop and im
pede traffic; and did persist in stopping and impeding
traffic after being directed to move from said highway
— said acts having been wilfully and intentionally done
and designed to impede traffic, and that said acts con
stitute a violation of G.S. 20-174.1, an act for which
an adult may be punished by law; and it further appear
ing to the Court and the Court being satisfied and find
ing as a fact that the said child is in need of the care,
protection and discipline of the State, and is in need of
more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Julia Anna Collins be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
178
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s/ Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Cher-
lyn Whitney, No. 69-J-5)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Janie B. Whitney,
her mother, the nature of this proceeding; as will ap
pear in the minutes; and said child being represented by
James E. Furgerson II, Esq., Attorney of record; and
it having been agreed to by the said James E. Furgerson
II, and Hon. Herbert Small, Solicitor for this The First
Solicitorial District, that this matter should be consoli
dated with 69-J-l; 69-J-3; 69-J-4; 69-J-6; 69-J-8; 69-J-9;
69-J-10; 69-J-30, for hearing, findings and disposition
and said attorneys having further agreed that such con
solidation is in no way prejudicial to said child and does
not violate the spirit or intent of Article 2, Chapter 110
of the General Statutes of North Carolina; and it ap
pearing to the Court, and the Court finding as a fact,
that on or about the 12th day of November, 1968, the
said child did in the company of others go upon a main
traveled highway in Swan Quarter and did remain upon
the said traveled portion of said highway and did, there
by, stop and impede traffic; and did persist in stopping
and impeding traffic after being directed to move from
said highway— said acts having been wilfully and inten
179
tionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law; and it fur
ther appearing to the Court and the Court being satis
fied and finding as a fact that the said child is in need
of the care, protection and discipline of the State, and is
in need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Cherlyn Whitney be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91) ; after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/s / Hallett S. W ard
180
ORDER OF COMMITMENT AND PROBATION (Cath
erine Gibbs, No. 69-J-6)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Shirley Gibbs, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson II, and
Hon. Herbert Small, Solicitor for this The First Solici-
torial District, that this matter should be consolidated
with 69-J-l; 69-J-3; 60-J-4; 69-J-5; 69-J-8; 69-J-9;
69-J-10; 69-J-30, for hearing, findings and disposition
and said attorneys having further agreed that such con
solidation is in no way prejudicial to said child and does
not violate the spirit or intent of Article 2, Chapter 110
of the General Statutes of North Carolina; and it ap
pearing to the Court, and the Court finding as a fact,
that on or about the 12th day of November, 1968, the
said child did in the company of others go upon a main
traveled highway in Swan Quarter and did remain upon
the said traveled portion of said highway and did, there
by, stop and impede traffic; and did persist in stopping
and impeding traffic after being directed to move from
said highway— said acts having been wilfully and inten
tionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law; and it fur
ther appearing to the Court and the Court being satisfied
and finding as a fact that the said child is in need of
the care, protection and discipline of the State, and is in
need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Catherine Gibbs be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
181
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said instituton for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th. day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Debo
rah Ann Collins, No. 69-J-8)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Pencie Collins, her
mother, the nature of this proceeding; as will appear in
182
the minutes; and said child being represented by James
E. Furgerson II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson II, and
Hon. Herbert Small, Solicitor for this The First Solici-
torial District, that this matter should be consolidated
with 69-J-l; 69-J-3; 69-J-4; 69-J-5; 69-J-6; 69-J-9;
69-J-10; 69-J-30, for hearing, findings and disposition
and said attorneys having further agreed that such at
torneys having further agreed that such consolidation is
in no way prejudicial to said child and does not violate
the spirit or intent of Article 2, Chapter 110 of the Gen
eral Statutes of North Carolina; and it appearing to
the Court, and the Court finding as a fact, that on or
about the 12th day of November, 1968, the said child
did in the company of others go upon a main traveled
highway in Swan Quarter and did remain upon the said
traveled portion of said highway and did, thereby, stop
and impede traffic; and did persist in stopping and im
peding traffic after being directed to move from said
highway— said acts having been wilfully and intention
ally done and designed to impede traffic, and that said
acts constitute a violation of G.S. 20-174.1, an act for
which an adult may be punished by law; and it further
appearing to the Court and the Court being satisfied and
finding as a fact that the said child is in need of the
care, protection and discipline of the State, and is in
need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Deborah Ann Collins be, and she is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the
State for the care of delinquents (as said institutions
are enumerated in G.S. 134-91), after having first re
ceived notice from the superintendent of said institution
that such person can be received, and held by said insti
tution for no definite term but until such time as the
Board of Juvenile Correction of the Superintendent of
said institution may determine, not inconsistent with
the laws of this State; this commitment is suspended
183
and said child placed upon probation for 12 months,
under these special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Maria
Harris, No. 69-J-9)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Plyde County, N. C.; and the Court having here
tofore explained to the child and to Mellie Burras, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69-J-l; 69-J-3; 69-J-4; 69-J-5; 69-J-6; 69-J-8;
69-J-10; 69-J-30, for hearing, findings and disposition
and said attorneys having further agreed that such con
solidation is in no way prejudicial to said child and does
184
not violate the spirit or intent of Article 2, Chapter 110
of the General Statutes of North Carolina; and it ap
pearing to the Court, and the Court finding as a fact,
that on or about the 12th day of November, 1968, the
said child did in the company of others go upon a main
traveled highway in Swan Quarter and did remain upon
the said traveled portion of said highway and did, there
by, stop and impede traffic; and did persist in stopping
and impeding traffic after being directed to move from
said highway— said acts having been wilfully and inten
tionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law; and it fur
ther appearing to the Court and the Court being satis
fied and finding as a fact that the said child is in need
of the care, protection and discipline of the State, and
is in need of more suitable guardianship and is delin
quent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Maria Harris be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
185
4, That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare,
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Eddie
Whitley, No. 69-J-10)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Ina Farrow, mother,
the nature of this proceeding; as will appear in the min
utes; and said child being represented by James E. Fur-
gerson II, Esq., Attorney of record; and it having been
agreed to by the said James E. Fergerson II, and Hon.
Herbert Small, Solicitor for this the First Solicitorial
District, that this matter should be consolidated with
69-J-l; 69-J-3; 69-J-4; 69-J-5; 69-J-6; 69-J-8; 69-J-9;
69-J-10; 69-J-30, for hearing, findings and disposition
and said attorneys having further agreed that such con
solidation is in no way prejudicial to said child and
does not violate the spirit of intent of Article 2, Chapter
110 of the General Statutes of North Carolina; and it
appearing to the Court, and the Court finding as a fact,
that, on or about the 12th day of November, 1968, the
said child did in the company of others go upon a main
traveled highway in Swan Quarter and did remain upon
the said traveled portion of said highway and did, there
by, stop and impede traffic; and did persist in stopping
and impeding traffic after being directed to move from
said highway— said acts having been wilfully and inten-
186
tionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law; and it fur
ther appearing to the Court and the Court being satis
fied and finding as a fact that the said child is in need
of the care, protection and discipline of the State, and
is in need of more suitable guardianship and is delin
quent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Eddie Whitley be, and he is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said Department
in a suitable institution maintained by the State for
the care of delinquents (as said institutions are enumer
ated in G.S. 134-91), after having first received notice
from the superintendent of said institution that such
person can be received, and held by said institution for
no definite term but until such time as the Board of
Juvenile Correction or the Superintendent of said insti
tution may determine, not inconsistent with the laws of
this State; this commitment is suspended and said child
placed upon probation for 12 months, under these special
conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at his residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s/ Hallett S. Ward
187
ORDER OF COMMITMENT AND PROBATION (Alon
zo Edward Holloway, No. 69-J-30)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to John Holloway, his
father, the nature of this proceeding; as wTill appear in
the minutes; and said child being represented by James
E. Furgerson II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson II, and
Hon. Herbert Small, Solicitor for this the First Solicil-
torial District, that this matter should be consolidated
with 69-J-l; 69-J-3; 69-J-4; 69-J-5; 69-J-6; 69-J-8;
69-J-9; 69-J-10; 69-J-30, for hearing, findings and dis
position and said attorneys having further agreed that
such consolidation is in no way prejudicial to said child
and does not violate the spirit or intent of Article 2,
Chapter 110 of the General Statutes of North Carolina;
and it appearing to the Court, and the Court finding as
a fact, that on or about the 12th day of November, 1968,
the said child did in the company of others go upon a
main traveled highway in Swan Quarter and did remain
upon the said traveled portion of said highway and did,
thereby, stop and impede traffic; and did, thereby, stop
and impede traffic; and did persist in stopping and im
peding traffic after being directed to move from said
highway— said acts having been wilfully and intention
ally done and designed to impede traffic, and that said
acts constitute a violation of G.S. 20-174.1, an act for
which an adult may be punished by law; and it further
appearing to the Court and the Court being satisfied
and finding as a fact that the said child is in need of
the care, protection and discipline of the State, and is
in need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Alonzo Edward Holloway be, and he is
hereby committed to the custody of the Hyde County
188
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the
State for the care of delinquents (as said institutions
are enumerated in G.S. 134-91), after having first re
ceived notice from the superintendent of said institution
that such person can be received, and held by said insti
tution for no definite term but until such time as the
Board of Juvenile Correction or the Superintendent of
said institution may determine, not inconsistent with
the laws of this State; this commitment is suspended
and said child placed upon probation for 12 months,
under these special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at his residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. W ard
To the signing and entry of the foregoing judgments
the respondent juveniles OBJECT and EXCEPT. EX
CEPTION #30.
189
APPEAL ENTRY
THE COURT: I presume you wish to appeal from
tVjpcp, nrflpT’s also?
MR. FERGUSON: Yes, I wish to object to the sign
ing and entry of the Order and renew the motions and
objections I made in cases 69-J-17 through 69-J-24.
THE COURT: I will do the same in this group of
cases as I did before and will enter a copy of your ap
peal entries here.
SUBMISSION OF PROCEEDINGS
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 9,
1969, at a regularly calendared session of Juvenile Court
in Hyde County, North Carolina.
This the ____ day of ----------------------- - 1969.
/ s / Hallett S. W ard
Judge Presiding
SUMMARY OF EVIDENCE IN R E : EVELYN EVAN
GELINE GIBBS— 69-J-ll; ROSE MARY COLLINS—
69-J-12; DEBRA ANN COLLINS— 69-J-13; CATH
ERINE GIBBS— 69-J-14; JULIE ANNA COLLINS—
69-J-16; ELVIRA VASHTI WESTON— 69-J-28; AND
SUDIE BELL McCULLOR, 69-J-29
Pursuant to G.S. 7A-195 of the General Statutes of
North Carolina and Rule 19(g) of Rules of Practice in
the Court of Appeals of North Carolina, the undersigned
District Judge, commissioned to hold sessions of District
Court in this State and within the Second Judicial Dis
trict for a term of four years, beginning December 2,
1968, respectfully submits the following summarization
of the evidence in the above listed juvenile hearings.
Findings of fact are contained in the attached orders.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 9, 1969,
190
with the undersigned Judge presiding. The State was
represented by the Honorable Herbert Small, Solicitor
for the First Solicitorial District and the juveniles were
represented by James E. Ferguson II, Esq., The State,
at the request of the said James E. Ferguson, II, moved
that these matters, numbered 69-J-ll, 69-J-12, 69-J-13,
69-J-14, 69-J-16, 69-3-28 and 69-J-29, inclusive, be
amended. The attorney for the juveniles objected. The
objection was overruled and the amendment allowed.
EXCEPTION #31.
Upon the call of the above enumerated matters for
hearing and disposition, there was no one present in
the hearing room except the juveniles, their mothers,
and officers of the court.
The attorney for the juveniles moved to dismiss the
Petition for each juvenile on the grounds that the juve
nile statutes, N. C. Gen. Stat. Section 110-21, et seq.,
under which these cases are to be tried are unconsti
tutionally vague and overbroad, and deprive the juveniles
of equal protection and due process of law7. Motion de
nied. EXCEPTION #32.
Mr. Ferguson requested a jury trial. Request denied.
EXCEPTION #33.
THE COURT: I want to read to you from our Gen
eral Statutes and a Supreme Court decision: Our stat
utes provide in part that sessions of Juvenile Court shall
be held at such times and in such places -within the county
as the Judge shall from time to time determine.
In the hearing of any case, the general public may be
excluded and only such persons admitted as have a direct
interest in the case. Sessions of the Court shall not be
held in conjunction with any other business of the Court
and children’s cases shall not be heard at the same time
as those against adults. The Court shall maintain a full
and complete record of all cases brought before it; to be
known as the Juvenile Record. All records may be with
held from indiscriminate public inspection in the discre
tion of the Court, but such record shall be open to in
spection by parents, guardians, or other authorized rep
resentatives of the child concerned. No adjudication shall
operate as a disqualification of any child for any public
191
office, and no child shall be denominated a criminal _ by
reason of such adjudication, nor shall any such adjudica
tion be denominated a conviction. Our Supreme Court
has stated that the express intention of this statute is
that in all proceedings under its provisions, the Court
shall proceed upon a theory that a child under its juris
diction is the ward of the State and is subject to the
discipline and entitled to the protection which the Court
should give such a child under the circumstances dis
closed in the case. Moreover, any Order or Judgment
made by the Court in the case of any child should be
subject to such modification from time to time as the
Court may consider to be for the welfare of the child.
In other words, and to summarize, this is not a criminal
case, but is a hearing to determine whether these chil
dren or any or them are delinquent and in need of the
protection and guidance of the State.
SERGEANT WILLIE ROGERS testified
DIRECT EXAMINATION (By Mr. Herbert Small)
I am Sergeant Willie Rogers employed by the North
Carolina Highway Patrol. I was in Hyde County on
November 13, 1968. On that day I had an opportunity
to see Evelyn Evangeline Gibbs, Rosemary Collins, Debra
Ann Collins, Catherine Ann Gibbs, Julie Anna Collins,
Elvira Vashti Weston and Sudie Bell McCullor. I first
saw them in front of the Courthouse. It was about 11:00
a.m. These seven juveniles were together at that time.
They were in the company of others; there was a total
of 21, 9 males and 12 females. At the time I first ob
served them the 7 juveniles in the company of a total
group of 21 were circling in front of the Courthouse in
the street carrying chickens. They were holding them
out in front of their arms. All of the juveniles did not
have them although they were participating. All were
not carrying chickens. There were other juveniles in the
group: Rosemary Whitney, Janice Marie Whitney, Nicole
Green, Tyrone Dudley, and Loretta Joyce Swain. The
192
rest of them were above juvenile age. They remained at
that location about 5 or 10 minutes. They left and went
to the intersection here, 264 with the road at the Court
house intersection. When they got to 264 they went back
into a circle almost in front of the Esso Station, going
around in a circle, going from the shoulder to the edge
of the station yard, in a complete circle. Both traffic
lanes were completely blocked; the ones that had chickens
in the beginning were still carrying them. As I recall
they did not block any traffic in front of the Courthouse.
One vehicle was coming from the South coming North
and backed up and turned and went down the side street,
and went around the block. Here at the intersection
there was traffic coming in both directions. The traveled
portion of the highway is approximately 18 feet wide.
There is a narrow shoulder on the north side and no
shoulder on the south side. The south side is the drive
way to the service station. When the group was circling
in front of the service station there were 21 in the group.
These juveniles involved in this case were circling in
front of the service station. They were singing some of
their songs and walking in a circle with the chickens.
They were out at least 5 minutes, until the vehicular
traffic began to combine and they were advised to get
off the road for the traffic. Sergeant Smith advised them
with a battery powered yellow microphone, the- loud
speaker type. He advised them that they were blocking
and would be arrested if they did not clear the road,
and asked them to get off onto the shoulder. They went
off and came back. He advised them again. They went
back to the shoulder and then back to the road again.
After the third time the whole group was arrested. Traf
fic had to stop while they were in the road. When they
got off the road the first time we had a squad, a line
formation that walked in the direction of the participants
and they got off on the shoulder. There was no bodily
contact. Then the troopers withdrew.
Just as soon as the troopers withdrew the group came
back on the paved portion of the highway like a seesaw.
At one point when the troopers advanced and the partici
pants withdrew vehicular traffic was able to come by;
193
after that there wasn’t enough time. They remained
stopped when they came back the last time I don’t re
call how many vehicles were stopped, but I do recall
there was at least one in each direction. The vehicle
on the east end was the local ambulance or rescue squad.
It stopped for this group. I would say it remained
stopped 5 to 10 minutes. These vehicles that stopped
could not get through without striking or doing personal
injury or coming into contact with the participants. The
entire group of 21 was arrested on the basis of the
information that we received. Out of the 9 males, 7 said
they were 16 and above. Out of the twelve girls taken
into custody only 1 said she was below 16 years of age.
She was Loretta Joyce SwTain. Debra Ann Collins gave
the age of 16 and a birth date of 4/11/52; Julia Anna
Collins gave the age of 16 and a birth date 3/15/52;
Catherine Ann Gibbs gave the age of 17 and a birth
date 8/1/51; Evelyn Evangeline Gibbs gave the age of
16 and a birth date 4/20/52; Elvira Weston gave the age
of 16 and a date of birth of 9/7/52; Sudie Bell McCullor
gave the date of birth as 8 /6/52; Rosemary Collins gave
an age of 17 and a date of birth as 9/25/51, I later
ascertained their correct ages. We got this from the
birth records when we could.
Debra Ann Collins 2/25/57; Julia Anna Collins, 14,
birth date 12/22/54; Catherine Ann Gibbs, 15; I don’t
have her date of birth. Evelyn Evangeline Gibbs is 12;
her date of birth is 3/21/56; Elvira Weston is 14 years
of age; I do not have her correct date of birth; Rose
mary Collins, age 14, birth date 9/25/54; Sudie Bell
McCullor, 14 years old, birth date 8/6/54.
Q. Sergeant Rogers can you tell us if these respond
ents participated in acts during a different period similar
to this? OBJECTION. OVERRULED. EXCEPTION
#34
A. Yes.
Q, Sergeant Rogers, were you present at any other
time when any of the juveniles whose cases are now pend
ing were in the street? OBJECTION. OVERRULED.
EXCEPTION #35.
A. I was.
194
Q I asked you whether or not they were told on
those occasions to remove themselves from the street or
stop blocking or some similar type statement? OBJEC
TION. OVERRULED. EXCEPTION #36.
A. They were. They were told by Sergeant Smith,
the Clerk of Court, and myself. MOTION TO STRIKE.
MOTION DENIED. EXCEPTION #37.
Q. Were they alone or in the company of other per
sons on those occasions? OBJECTION. OVERRULED.
EXCEPTION #38.
A. No one else was involved when the Clerk of Court
told them. They were there in his office. Debra Ann
Collins, Julia Anna Collins and Catherine Ann Gibbs
were in the Clerk’s office prior to this.
Q. Which ones of these juveniles were present on the
other occasions when Sergeant Smith told them this?
OBJECTION. OVERRULED. EXCEPTION #39.
A. Sergeant Smith and I were together when all those
others took place. The three I just named and the other
four were advised and they were taken into custody on
the day prior to this and were released. MOTION TO
STRIKE. MOTION DENIED. EXCEPTION #40.
CROSS EXAMINATION (By Mr. Ferguson)
When I first saw this group of people I was inside
the Courthouse corridor and the participants were di
rectly in front of the Courthouse. At first I was only
able to identify a portion of the participants, but I then
went out on the street where I mingled with the group.
At that time there was no traffic approaching from the
north, and one from the south. The one from the south
did not pass; it stopped at the point where the group
was. The closest point this car came to the group was
approximately 150 to 200 feet. They proceeded from the
first point at the Courthouse to the intersection at 264.
I followed them once they got to 264. They proceeded
down to the Esso Station, adjacent to the intersection.
At the station there is no shoulder on the south portion
of the road. In order for one to pass there he would
necessarily have to walk on the paved portion or on pri
195
vate property. Traffic approached this group when they
were at the intersection of the highway 264. It was
impossible for any vehicle to attempt to go around the
person there. None made an attempt to go around. Some
of them had chickens; I remember some who had chickens.
All of them did not have chickens. There were 21 people
for about 10 chickens. At first they took the _ chickens
to jail with them. There they put them in boxes
outside the jail, and then returned them to the owner, I
presume. They never let the chickens go while they were
in the road. I can state where Evelyn Gibbs was in the
road. She was in no one place, she was constantly on
the move. Rosemary Collins was moving around in a
circle. They were all moving around in a circle on the
traveled portion of the road. They did not leave the pave
ment from time to time to come back because there were
two vehicles there. They walked next to the vehicles and
then across the pavement.
The vehicles that were parked on the side were com
pletely off the road. They might have touched the public
way but were not up on it. When the troopers got di
rectly in front of the persons in the road they would
go to the side. They were not off the road 10 seconds.
It is not necessarily true that any car that followed the
troopers down the road could have passed because every
time the troopers got them to the edge they would come
back into the road. I stated that an ambulance was
among the traffic that stopped. It did not have its light
flashing or its siren on. It gave no indication whatso
ever that there might have been an emergency. The ones
that didn’t have chickens were singing and clapping. I
don’t remember any particular songs but it was one of
the songs I have heard since September. It is my under
standing that it was some sort of protest. I don’t know
what they were protesting exactly.
REDIRECT EXAMINATION
These protests have been going on since September 11
between September 11 and November 13 they marched
pratically every day.
196
Q. Did they demonstrate in the streets on the other
days that you saw them? OBJECTION, OVERRULED.
EXCEPTION #41.
A. Yes. Three of this particular group were in a
demonstration the day prior to this in the street.
SERGEANT CHARLES SMITH tendered by the State
for the purpose of corroboration.
MR. FERGUSON: No questions.
MR. SMALL: THE STATE RESTS.
PROCEEDINGS
MR. FERGUSON: The juveniles, and all of them,
move to dismiss on the same grounds and for the same
reasons as advised this morning.
THE COURT: MOTION DENIED EXCEPTION
#42.
MR. FERGUSON: There v/ill be no evidence for any
of the juveniles and we renew our Motion to Dismiss.
THE COURT: MOTION DENIED. EXCEPTION
#43. The following Orders are entered:
ORDER OF COMMITMENT AND PROBATION (Eve
lyn Evangeline Gibbs, No. 69-J-ll)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Ada Pearl Gibbs, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
197
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69-J-12; 69-J-13; 69-J-14; 69-J-16; 69-J-28; and
69-J-29, for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
is in no way prejudicial to said child and does not violate
the spirit or intent of Article 2, Chapter 110 of the
General Statutes of North Carolina; and it appearing to
the Court, and the Court finding as a fact, that on or
about the 13th day of November, 1968, the said child
did in the company of others go upon the traveled por
tion of a main highway in Swan Quarter, N. C., and did
block and impede traffic, and after being removed from
said traveled portion of said highway, did return and
block and impede traffic'—all said acts having been wil
fully and intentionally done and designed to impede traf
fic, and that said acts constitute a violation of G.S.
20-174.1, an act for which an adult may be punished
by law; and it further appearing to the Court and the
Court being satisfied and finding as a fact that the said
child is in need of the care, protection and discipline of
the State, and is in need of more suitable guardianship
and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Evelyn Evangeline Gibbs be, and she is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the
State for the care of delinquents (as said institutions
are enumerated in G.S. 134-91), after having first re
ceived notice from the superintendent of said institution
that such person can be received, and held by said insti
tution for no definite term but until such time as the
Board of Juvenile Correction or the Superintendent of
said institution may determine, not inconsistent with the
laws of this State; this commitment is suspended and
said child placed upon probation for 12 months, under
these special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
198
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION (Rose
Mary Collins, No. 69-J-12)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Doris Weston, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69-J-ll; 69-J-13; 69-J-14; 69-J-16; 69-J-28; 69-J-29,
for hearing, findings and disposition and said attorneys
having further agreed that such consolidation is in no
way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 13th day of November, 1968, the said child did in
199
the company of others go upon the traveled portion of
a main highway in Swan Quarter, N. C., and did block
and impede traffic, and after being removed from said
traveled portion of said highway, did return and block
and impede traffic—all said acts having been wilfully
and intentionally done and designed to impede traffic,
and that said acts constitute a violation of G.S. 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court- being-
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Rose Mary Collins, be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
m G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
200
This matter is retained pending further order of the
Court,
This 9th day of January, 1969.
,/s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Debra
Ann Collins, No. 69-J-13)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Pencie Collins, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solid-
torial District, that this matter should be consolidated
with 69-J-ll; 69-J-12; 69-J-14; 69-J-16; 69-J-28; 69-J-29,
for hearing, findings and disposition and said attorneys
having further agreed that such consolidation is in no
way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 13th day of November, 1968, the said child did in
the company of others go upon the traveled portion of a
main highway in Swan Quarter, N. C., and did block
and impede traffic, and after being removed from said
traveled portion of said highway, did return and block
and impede traffic— all said acts having been wilfully
and intentionally done and designed to impede traffic,
and that said acts constitute a violation of G.S. 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court being
201
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Debra Ann Collins be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. Ward
202
ORDER OF COMMITMENT AND PROBATION (Cath
erine Gibbs, No. 69-J-14)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Shirley Gibbs, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69 -J -ll; 69-J-12; 69-J-13; 69-J-16; 69-J-28; 69-J-29,
for hearing, findings and disposition and said attorneys
having further agreed that such consolidation is in no
way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 13th day of November, 1968, the said child did in
the company of others go upon the traveled portion of a
main highway in Swan Quarter, N. C., and did block
and impede traffic, and after being removed from said
traveled portion of said highway, did return and block
and impede traffic— all said acts having been wilfully
and intentionally done and designed to impede traffic,
and that said acts constitute a violation of G.S. 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Catherine Gibbs be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
203
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION (Julie
Anna Collins, No. 69-J-16)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Pencie Collins, her
mother, the nature of this proceeding; as will appear in
204
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69-J-ll; 69-J-12; 69-J-13; 69-J-14; 69-J-28; 69-J-29,
for hearing, findings and disposition and said attorneys
having further agreed that such consolidation is in no
way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 13th day of November, 1968, the said child did in
the company of others go upon the traveled portion of a
main highway in Swan Quarter, N, C., and did block
and impede traffic and after being removed from said
traveled portion of said highwTay, did return and block
and impede traffic— all said acts having been wilfully
and intentionally done and designed to impede traffic,
and that said acts constitute a violation of G.S. 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Julie Anna Collins be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
205
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (El
vira Yashti Weston, No. 69-J-28)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Victoria Weston, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69 -J -ll; 69-J-12; 69-J-13; 69-J-14; 69-J-16; 69-J-29,
for hearing, findings and disposition and said attorneys
having further agreed that such consolidation is in no
way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
206
Court, and the Court finding as a fact, that on or about
the 13th day of November, 1968, the said child did in
the company of others go upon the traveled portion of a
main highway in Swan Quarter, N. C., and did block
and impede traffic and after being removed from said
traveled portion of said highway, did return and block
and impede traffic-— all said acts having been wilfully
and intentionally done and designed to impede traffic,
and that said acts constitute a violation of G.S. 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Elvira Vashti Weston be, and she is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the
State for the care of delinquents (as said institutions are
enumerated in G.S. 134-91), after having first received
notice from the superintendent of said institution that
such person can be received, and held by said institution
for no definite term but until such time as the Board of
Juvenile Correction or the Superintendent of said insti
tution may determine, not inconsistent with the laws of
this State; this commitment is suspended and said child
placed upon probation for 12 months, under these special
conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
207
4, That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s/ Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Sudie
Bell McCullor, No. 69-J-29)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 9th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Martha McCullor, her
mother, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 69 -J -ll; 69-J-12; 69-J-13; 69-J-14; 69-J-16; 69-J-28,
for hearing, findings and disposition and said attorneys
having further agreed that such consolidation is in no
way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 13th day of November, 1968, the said child did in
the company of others go upon the traveled portion of a
main highway in Swan Quarter, N. C., and did block
and impede traffic and after being removed from said
traveled portion of said highway, did return and block
and impede traffic— all said acts having been wilfully
and intentionally done and designed to impede traffic,
208
and that said acts constitute a violation of G.S. 20-174.1,
an act for which an adult may be punished by law; and
it further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent ]
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Sudie Bell McCullor be, and she is here
by committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 9th day of January, 1969.
,/s / Hallett S. W ard
209
To the signing and entry of the foregoing judgments
the respondent juveniles object and except. EXCEPTION
#44.
APPEAL ENTRY
THE COURT: I assume you wish to appeal as in
the past?
MR. FERGUSON: Yes, I wish to appeal in each case
in forma pauperis for the reasons expressed this morn
ing.
THE COURT: I have suggested that you file affi
davits and none have been filed. I allowed you to dictate
your appeal entries and I will have them reproduced
here.
SUBMISSION OF PROCEEDINGS
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 9,
1969, at a regularly calendared session of Juvenile Court
in Hyde County.
This ____ day of -------------------------, 1969
/s,/ Hallett S. W ard
Judge Presiding
SUMMARY OF EVIDENCE IN RE: BARBARA BUR
RAS, 68-J-4; WILLIAM BLOUNT, 68-J-5; NEKOLA
GREEN, 68-J-6; SHARON HARRIS, 68-J-7; SARAH
ANNETTE WHITNEY, 68-J-8; WALTER ANTHO
NY GREEN, 68-J-9; DESSIE HARRIS, 68-J-10; EV
ELYN GIBBS, 68-J-ll; RONNIE LEE TOPPING,
68-J-12; TYRONE DUDLEY, 68-J-13; THERESA
BLOUNT, 68-J-14; LINDA SUE GIBBS, 68-J-15;
AND PATRICIA COLLINS, 69-J-27.
Pursuant to G.S. 7A-195 of the General Statutes of
North Carolina and Rule 19(g) of Rules of Practice in
210
the Court of Appeals of North Carolina, the undersigned
District Judge, commissioned to hold sessions of District
Court in this State and within the Second Judicial Dis
trict for a term of four years, beginning December 2,
1968, respectfully submits the following summarization
of the evidence in the above listed Juvenile Hearings.
Findings of fact are contained in the attached Orders.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 10, 1969,
with the undersigned judge presiding. The State was
represented by the Honorable Herbert Small, Solicitor
for the First Solid torial District and the juveniles were
represented by James E. Ferguson, II, Esq. The State,
at the request of the said James E. Ferguson, II, moved
that these matters, numbered 68-J-4 through 68-J-15,
inclusive, and 69-J-27, be consolidated for hearing, find
ings and disposition. Motion allowed. The Solicitor
moved that the third paragraph of the Petition in these
cases, 68-J-4 through 68-J-15, inclusive, and 69-J-27, be
amended. The attorney for the juveniles objected. The
objection was overruled and the amendment allowed.
EXCEPTION #45. Upon the call of the above enumer
ated matters for hearing and disposition, the Court or
dered the general public excluded from the hearing room,
stating that only officers of the Court, the juveniles, their
parents or guardians, and witnesses should be present
for the hearing. The attorney for the juveniles objected.
Objection overruled. EXCEPTION #46. Each child was
accompanied by his or her mother or grandmother. The
attorney for the juveniles moved to dismiss the petition
for each juvenile on the grounds that the juvenile stat
utes, North Carolina Gen. Stat, Sec. 110-21, et seq.,
under which these cases are to be tried, are unconstitu
tionally vague and overbroad and deprives the juveniles
of equal protection and due process of law. Motion de
nied. EXCEPTION #47. Mr. Ferguson requested trial
by jury. Motion denied. EXCEPTION #48.
THE COURT: As I stated several times yesterday,
and I know some of you were present then, that this is
not a criminal trial and I want to read you the follow
ing: Our statutes provide in part that sessions of Juve
211
nile Court shall be held at such times and in such places
within the County as the Judge shall from time to time
determine.
In the hearing of any case, the general public may
be excluded and only such persons admitted as have a
direct interest in the case. Sessions of the Court shall
not be held in conjunction with any other business of
the Court and children’s cases shall not be heard at the
same time as those against adults. The Court shall main
tain a full and complete record of all cases brought
before it, to be known as the Juvenile Record. All rec
ords may be withheld from indiscriminate public inspec
tion in the discretion of the Court, but such record shall
be open to inspection by the parents, guardians, or other
authorized representatives of the child concerned. No
adjudication shall operate as a disqualification of any
child for any public office and no child shall be denomi
nated a criminal by reason of such adjudication, nor
shall any such adjudication be denominated a conviction.
Our Supreme Court has stated that the express intention
of this statute is that in all proceedings under its pro
visions, the Court shall proceed upon the theory that a
child under its jurisdiction is the ward of the State and
is subject to the discipline and entitled to the protection
which the Court should give such child under the cir
cumstances disclosed in the case. Moreover, any Order
or Judgment made by the Court in the case of any child
should be subject to such modification from time to time
as the Court may consider to be for the welfare of the
child. In other words, and to summarize, this is not a
criminal case, but is a hearing to determine whether
these children or any of them are delinquent and in
need of the protection and guidance of the State.
212
SGT. WILLIE ROGERS testified:
DIRECT EXAMINATION (By Mr. Small)
I am Sgt. Willie Rogers, employed by the North Caro
lina Highway Patrol, and I was so employed on De
cember 6, 1968. On that date, I was in Hyde County
and I had an opportunity to see Barbara Burras, Wil
liam Blount, Nekola Green, Sharon Harris, Sarah An
nette Whitney, Walter Anthony Green, Dessie Harris,
Evelyn Gibbs, Ronnie Lee Topping, Tyrone Dudley, The
resa Blount, Linda Sue Gibbs and Patricia Collins. I
first saw them at approximately 3:00 o’clock p.m. They
were in the company of others in front of the courthouse
on the steps and on the sidewalk in front of the main
door entering the courthouse. There were approximately
40 to 45 in the whole group. When they came to the
door, I advised the leader of the group that they were
not to block the entrance of the courthouse. Some stepped
off to the side, but others were milling around the door.
I advised them several times not to block the entrance.
Some left and went down to the corner of the street. I
mean by the corner, U.S. 264 Business. They were all
the way across the street. Some of the group was on
the shoulder at that time. They were down in front of
the abandoned Sinclair Station and were just milling
around, some on the pavement and some on the shoulder.
This was on highway 264, Business, that runs through
Swan Quarter. The highway has two lanes, one west
and one east, and the paved portion is approximately 18
feet wide. In sections there is a shoulder on each side
of the road. The north shoulder where the people were
standing was approximately 8 or 10 feet wide; the south
shoulder is a driveway used for parking.
At the time they marched to the intersection of the
Sinclair Station, they blocked the highway. They milled
in the stret and were not in one spot. They were a very
disorderly group. By that I mean that they were not
organized. Some of them were carrying signs or posters
about 2 to 2V2 feet. They were out in the street but
were not blocking traffic. At that point, no traffic had
213
attempted to come through. I warned them not to block
traffic and stated that if they did, they would be subject
to arrest. I was within speaking distance. Some got
back on the shoulder and some remained out in the trav
eled part of the highway. At this time, traffic was be
ginning to come from the west. The traffic came up
and stopped in the right hand lane. There were persons
in the right hand lane blocking the normal course of
travel of the car that stopped. At this time there were
about 40 to 45. Some were on the pavement and some
on the shoulder. For the second time, I advised them
to get off. They did not get off. Another car was com
ing from east to west. That car stopped. I advised the
group that they were under arrest for blocking the nor
mal flow of traffic. The second time I advised them to
get off the pavement, some got off and 29 remained.
The juveniles in this group remained on the road. The
remaining 29, including these 13 juveniles, blocked the
traveled portion of the highway in both directions. The
car that was coming from the west proceeded east and
was blocked at least 5 minutes. The one proceeding in
the opposite direction was blocked a little less than 5
minutes. A total of 29 persons was taken into custody
for standing in the traveled portion of the highway.
Fifteen of these were juveniles.
This morning Janice Marie Whitney was found to be
16. She was thought at first to be a juvenile. The en
tire group of 29 who remained on the traveled portion
of the highway were taken into custody. The juveniles
whose names were just read out gave their age or date
of birth. Two or three gave an incorrect date of birth
on this occasion. One was Linda Gibbs, who said she
was 16. I later established that her correct age was 15.
Her correct date of birth is 12/26/53. Theresa Blount
gave her age as 16. She gave her date of birth as
5/12/52, but this was corrected to 5/12/53. Two others
gave an incorrect date of birth. This group of 40 to 35
people remained in a body assembled together from the
time they first appeared at the courthouse until they
broke up and 29 remained on the highway blocking traffic
and the others stepped aside on the shoulder. The group
214
went the same way, as a body at the time. When they
appeared at the courthouse, they did not make any state
ment to me about the purpose for which they were as
sembled except for one. He said he came to get arrested.
Q. Was there any apparent spokesman for the group?
OBJECTION. OVERRULED. EXCEPTION #49.
A V ag jr Vi pup wpis
Q." What age? OBJECTION. OVERRULED. EX
CEPTION #50.
A. 25.
Q. Who was it? OBJECTION. OVERRULED. EX
CEPTION #51.
A. Allen Lloyd Long.
Q. I ask you whether he was arrested along with the
others and. the juveniles, or did he step on the side of
the road. OBJECTION. OVERRULED. EXCEPTION
#52.
A. He was arrested.
Q. When the group moved from one point in front
of the courthouse, down the highway to the intersection,
what if anything did he do to direct them or lead them
to make their various moves. OBJECTION. OVER
RULED. EXCEPTION #53.
A. Everything that Long would tell this group to do,
they did, up to the point where I last told them to get
off on the shoulder. Some of them did get off.
Q. Specifically, if you recall, what did he tell the
group to do and what did they do upon being told? OB
JECTION. OVERRULED. EXCEPTION #54.
A. He told them that they wanted to be arrested and
wanted to go to jail.
When I placed the group under arrest, I advised them
that they were under arrest. Five troopers went around
the group and were between the group on the highway
and the group on the shoulder. The purpose of that was
to keep the ones on the shoulder from stepping out into
the group. Then they were told that they were under
arrest and to follow us to the Hyde County jail. They
readily did so. No problem.
215
Q. After the traffic was blocked, did you have to sum
mons the five troopers? OBJECTION. OVERRULED.
A. No, they were standing by.
Q. Did any of those that had gotten off the highway
when requested to do so, did they get into the group
the officers were escorting to jail? OBJECTION. OVER
RULED. EXCEPTION #55.
A. Some attempted to, but none did.
CROSS EXAMINATION (By James E. Ferguson, II)
I stated there were some 40 to 45 persons out there
on this occasion. I first saw the group when they came
in front of the courthouse. They stayed there ten min
utes. During that time, they were shouting and clapping
their hands, hollering and making a lot of noise. Some
times they were singing, singing various songs. I don’t
know the specific name of the songs. I don’t know what
they related to any more than what I hear everyday. I
don’t know what they were singing them for. I know
part of the songs were about. I have heard so many, I
can’t think of any of them.
Q. Freedom songs? OBJECTION. CONCLUSION
OF COUNSEL. SUSTAINED.
A. After singing songs they went out into Business
264. They were at this time on the sidewTalk in front
of the courthouse and went straight into the street. On
the other side of the street is an abandoned Sinclair
Station and some little building on the other side. I
don’t know whether there is an actual shoulder on the
road out there. People park over there on the traveled
portion. I assume it is a highway right-of-way on this
side of the ditch. There is a break in the service station
property and the paved portion of the road. This is dirt
between the ditch and the pavement. There are some
planks running directly in front of the station that con
nect the cement portion of the station with the dirt
portion. Then the dirt runs right up to the paved
portion of the highway. Everything this side of that
ditch is highway right-of-way. Thirty feet each side of
the center line is highway right-of-way. I state this on
the basis that all secondary roads are, unless marked
216
otherwise, 18 feet wide paved portion, 30 feet each side
of right-of-way.
Q. But you have no actual knowledge about this par
ticular road, is that correct? OBJECTION. SUSTAINED.
They were at the intersection of 264, Business, approx
imately 5 minutes before I went over to disburse them
and get them off the road, and to advise them not to
impede traffic. The first time I went there, traffic was
being blocked. That was my purpose in going. I did not
testify a few minutes ago that when I first went out
there that no traffic was coming from either direction.
I warned them that they would be arrested if they blocked
traffic. At the time I warned them, there wasn’t any
traffic being blocked. After I did that, I got off the trav
eled portion of the road. I remained in close proximity
to the persons I had just talked to. At that time Barbara
Burras, William Blount, Sharon Harris, Sarah Annette
Whitney, Walter Anthony Green, Dessie Harris, Evelyn
Gibbs, Ronnie Lee Topping, Tyrone Dudley, Theresa
Blount, Linda Sue Gibbs and Patricia Collins, Nekola
Green, along with others were milling around in the
traveled portion of the road, laughing, talking, shouting
and singing. They were never in one spot. I knew each
of these individuals at that time. I could not identify
them all by name at that time. They had all been picked
up before. MOTION TO STRIKE THE LAST STATE
MENT ABOUT BEING PICKED UP BEFORE. MO
TION DENIED. EXCEPTION #56.
They were advised two different times to get off the
road. The third time, I arrested them. They got off the
road the first time and the second time we advised them.
Only a matter of minutes elapsed between then and the
time of arrest. All that were on the traveled portion
of the road were placed under arrest. They were charged
with violating the criminal law and they were taken to
jail where names, addresses and ages were checked. They
were locked up. I do not know how long they remained
locked up.
Q. Was it more than 48 hours? OBJECTION. SUS
TAINED.
217
A. I am not sure if bail was set for the entire group
or not. It was set for some.
I have stated that they were out and singing, clapping
hands and shouting. They said they wanted to go to
jail. I did not use any mechanical device to address
them. When I spoke with them, some quieted down.
Assuming their hearing "was all right, I would say that
they could hear what I said. Sgt. Smith and I used a
battery powered device when w?e wrere compelled to and
had it handy. I did not hear Sgt. Smith’s testimony to
that effect. I was not in the courtroom. I do not neces
sarily use a battery powered microphone.
0. In other words, you may or may not have been
heard on that day? OBJECTION. SUSTAINED.
The arrests were made about 3:15 or 3:20.
Q. Do you know whether or not any of the juveniles
gave their ages or dates of birth so that it would indi
cate that they were juveniles in this group? OBJEC
TION. OVERRULED.
A. The juveniles were not detained. They were held
long enough for their ages to be established. Some were
released by dark that afternoon. Those that told the
truth about their ages, shortly after dark. I did use a
battery powdered loud speaker on other occasions. This
was November 12th or 13th. These cases were similar
situations, but larger groups. This group was compact
over a small area.
Q, What wrere those other groups doing when you
used the battery powered microphone?
A. The same violation—-impeding traffic, MOTION
TO STRIKE. MOTION DENIED. EXCEPTION #57.
THE STATE RESTS.
PROCEEDINGS
MR. FERGUSON: There will be no evidence for any
of the juveniles, and we renew our motion to dismiss.
MOTION DENIED. EXCEPTION #58.
The Court entered the following Orders:
218
ORDER OF PROBATION (Barbara Burras, No. 68-J-4)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Lillie Mae Burras,
her mother, the nature of this proceeding; as will appear
in the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 68-J-4 through 68-J-15, inclusive, and 69-J-27, for
hearing, findings and disposition and said attorneys hav
ing further agreed that such consolidation is in no way
prejudicial to said child and does not violate the spirit
or intent of Article 2, Chapter 110 of the General Stat
utes of North Carolina; and it appearing to the Court,
and the Court finding as a fact, that on or about the
6th day of December, 1968, the said child did in the
company of others go upon the paved portion of a main
traveled highway and remained upon said traveled por
tion of said highway, and did, thereby, impede and block
traffic, after having been advised to remove from said
traveled portion— said acts having been wilfully and in
tentionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law;’ and it
further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
And it further appearing to the Court that heretofore
on the 9th day of January, 1969, said Barbara Burras
was adjudged to have violated the laws of this State and
was found to be delinquent and in need of the protection
and discipline of the State, and in need of more suitable
219
guardianship; and it further appearing to the Court
that the matters and things set out herein corroborate
the findings and order heretofore entered in the matter
numbered 69-J-17; and it further appearing to the Court
that said child should be placed upon probation and that
the order heretofore entered in 69-J-17 is appropriate
and to the best interest of said child.
NOW, THEREFORE, the Order heretofore entered
January 9, 1969, in file #69-J-17 is incorporated and
made a part of this order as fully as if set out herein,
and said child thereby placed on probation in the manner
and under the conditions therein set forth.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Wil
liam Blount, No. 68-J-5)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Joe Lee Blount, his
father, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 68-J-4 through 68-J-15, inclusive, and 69-J-27, for
hearing, findings and disposition and said attorneys hav
ing further agreed that such consolidation is in no way
prejudicial to said child and does not violate the spirit
or intent of Article 2, Chapter 110 of the General Stat
220
utes of North Carolina; and it appearing to the Court,
and the Court finding as a fact, that on or about the
6th day of December, 1968, the said child did in the
company of others go upon the paved portion of a main
traveled highway and remained upon said traveled por
tion of said highway, and did, thereby, impede and block
traffic, after having been advised to remove from said
traveled portion— said acts having been wilfully and in
tentionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law; and it
further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED AND
DECREED that William Blount be, and he is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at his residence by 11:00 o’clock
P.M. each evening.
221
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Ne-
kola Green, No. 68-J-6)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Ella Mae Green, her
grandmother, both of her parents being out of the State,
the nature of this proceeding; as will appear in the
minutes; and said child being represented by James E.
Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 68-J-4 through 68-J-15 inclusive and 69-J-27, for
hearing, findings and disposition and said attorneys hav
ing further agreed that such consolidation is in no way
prejudicial to said child and does not violate the spirit
or intent of Article 2, Chapter 110 of the General Stat
utes of North Carolina; and it appearing to the Court,
and the Court finding as a fact, that on or about the
6th day of December, 1968, the said child did in the
company of others go upon the paved portion of a main
traveled highway and remained upon said traveled por
tion of said highway, and did thereby impede and block
traffic, after having been advised to remove from said
traveled portion— said acts having been wilfully and in
222
tentionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by law, and it
further appearing to the Court and the Court being
satisfied and finding as a fact that the said child is in
need of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Nekola Green be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some instution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
,/s/ Hallett S. W ard
223
ORDER OF COMMITMENT AND PROBATION (Shar
on Harris, No. 68-J-7)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Farker Harris, her
grandfather, her mother being in New Jersey and her
father in Delaware, the nature of this proceeding; as
will appear in the minutes; and said child being repre
sented by James E. Furgerson, II, Esq., Attorney of
record; and it having been agreed to by the said James
E. Furgerson, II, and Hon. Herbert Small, Solicitor for
this the First Solicitorial District, that this matter should
be consolidated with 68-J-4 through 68-J-15 inclusive and
69-J-27, for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
is in no way prejudicial to said child and does not vio
late the spirit or intent of Article 2, Chapter 110 of
the General Statutes of North Carolina; and it appearing
to the Court, and the Court finding as a fact, that on
or about the 6th day of December, 1968, the said child
did in the company of others go upon the paved portion
of a main traveled highway and remained upon said
traveled portion of said highway, and did, thereby, im
pede and block traffic, after having been advised to re
move from said traveled portion— said acts having been
wilfully and intentionally done and designed to impede
traffic, and that said acts constitute a violation of G.S.
20-174.1, an act for which an adult may be punished
by law; and it further appearing to the Court and the
Court being satisfied and finding as a fact that the said
child is in need of the care, protection and discipline of
the State, and is in need of more suitable guardianship
and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Sharon Harris be, and she is hereby
committed to the custody of the Hyde County Depart
224
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
,/s/ Hallett S. Ward
ORDER OF PROBATION (Sarah Annette Whitney, No.
68-J-8)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Sarah Spencer, her grand
225
mother, her mother being in New York and her father
in California, the nature of this proceeding; as will ap
pear in the minutes; and said child being represented by
James E. Furgerson, II, Esq., Attorney of record; and it
having been agreed to by the said James E. Furgerson,
II, and Hon. Herbert Small, Solicitor for this the First
Solicitorial District, that this matter should be consoli
dated with 68-J-4 through 68-J-I5, inclusive, and 69-J-
27, for hearing, findings and disposition and said attor
neys having further agreed that such consolidation is in
no way prejudicial to said child and does not violate the
spirit or intent of Article 2, Chapter 110 of the General
Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 6th day of December, 1968, the said child did in the
company of others go upon the paved portion of a main
traveled highway and remained upon said traveled por
tion of said highway, and did, thereby, impede and block
traffic, after having been advised to remove from said
traveled portion— said acts having been wilfully and in
tentionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act for
which an adult may be punished by law; and it further
appearing to the Court and the Court being satisfied and
finding as a fact that the said child is in need of the care,
protection and discipline of the State, and is in need of
more suitable guardianship and is delinquent;
And it further appearing to the Court that heretofore
on the 9th day of January, 1969, said Sarah Annette
Whitney was adjudged to have violated the laws of this
State and was found to be delinquent and in need of the
protection and discipline of the State, and in need of more
suitable guardianship; and it further appearing to the
Court that the matters and things set out herein cor
roborate the findings and order heretofore entered in the
matter numbered 69-J-18; and it further appearing to
the Court that said child should be placed upon probation
and that the order heretofore entered in 69-J-18 is ap
propriate and to the best interest of said child.
NOW, THEREFORE, The Order heretofore entered
January 9, 1969, in file #69-J-18, is incorporated and
226
made a part of this order as fully as if set out herein,
and said child thereby placed on probation in the manner
and under the conditions therein set forth.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/&/ Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Wal
ter Anthony Green, No. 68-J-9)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Emily Green, his grandmother;
his father and his mother’s whereabouts being unknown,
the nature of this proceeding; as will appear in the min
utes; and said child being represented by James E.
Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consolidated
with 68-J-4 through 68-J-15 inclusive and 69-J-27, for
hearing, findings and disposition and said attorneys hav
ing further agreed that such consolidation is in no way
prejudicial to said child and does not violate the spirit or
intent of Article 2, Chapter 110 of the General Statutes
of North Carolina; and it appearing to the Court, and
the Court finding as a fact, that on or about the 6th day
of December, 1968, the said child did in the company of
others go upon the paved portion of a main traveled high
way and remained upon said traveled portion of said
highway, and did, thereby, impede and block traffic, after
having been advised to remove from said traveled portion
— said acts having been wilfully and intentionally done
227
and designed to impede traffic, and that said acts consti
tute a violation of G.S. 20-174.1, an act for which an
adult may be punished by law; and it further appearing
to the Court and the Court being satisfied and finding
as a fact that the said child is in need of the care, protec
tion and discipline of the State, and is in need of more
suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Walter Anthony Green be, and he is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the State
for the care of delinquents (as said institutions are
enumerated in G.S. 134-91), after having first received
notice from the superintendent of said institution that
such person can be received, and held by said institution
for no definite term but until such time as the Board of
Juvenile Correction or the Superintendent of said in
stitution may determine, not inconsistent with the laws
of this State; this commitment is suspended and said
child placed upon probation for 12 months, under these
special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at his residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
,/s / Hallett S. Ward
228
ORDER OF COMMITMENT AND PROBATION (Bes
sie Harris, No. 68-J-10)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Leona Harris, her grand
mother; her mother being in New Jersey and her father’s
whereabouts being unknown, the nature of this proceed
ing; as will appear in the minutes; and said child being
represented by James E. Furgerson, II, Esq., Attorney of
record, and it having been agreed to by the said James
E. Furgerson, II, and Hon. Herbert Small, Solicitor for
this the First Solicitorial District, that this matter should
be consolidated with 68-J-4 through 68-J-15 inclusive and
69-J-27, for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
is in no way prejudicial to said child and does not violate
the spirit or intent of Article 2, Chapter 110 of the Gen
eral Statutes of North Carolina; and it appearing to the
Court, and the Court finding as a fact, that on or about
the 6th day of December, 1968, the said child did in the
company of others go upon the paved portion of a main
traveled highway and remained upon said traveled por
tion of said highway, and did, thereby, impede and block
traffic, after having been advised to remove from said
traveled portion— said acts having been wilfully and in
tentionally done and designed to impede traffic, and that
said acts constitute a violation of G.S. 20-174.1, an act
for which an adult may be punished by lawT; and it fur
ther appearing to the Court and the Court being satisfied
and finding as a fact that the said child is in need of the
care, protection and discipline of the State, and is in need
of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Dessie Harris be, and she is hereby com
mitted to the custody of the Hyde County Department of
Public welfare to be placed by said department in a suit
229
able institution maintained by the State for the care of
delinquents (as said institutions are enumerated in G.S.
134-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as the Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this com
mitment is suspended and said child placed upon proba
tion for 12 months, under these special conditions of pro
bation ;
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/s / Hallett S. W ard
ORDER OF PROBATION (Evelyn Gibbs, No. 68-J-ll)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Ada Pearl Gibbs, her mother,
the nature of this proceeding; as will appear in the min
utes; and said child being represented by James E. Fur-
230
gerson, II, Esq., Attorney of record; and it having been
agreed to by the said James E. Furgerson, II, and Hon.
Herbert Small, Solicitor for this the First Solicitorial Dis
trict, that this matter should be consolidated with 68-
J-4 through 68-J-15, inclusive, and 69-J-27, for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and doe not violate the spirit or intent
of Article 2, Chapter 110 of the General Statutes of
North Carolina; and it appearing to the Court, and the
Court finding as a fact, that on or about the 6th day of
December, 1968, the said child did in the company of oth
ers go upon the paved portion of a main traveled high
way and remained upon said traveled portion of said
highway, and did, thereby, impede and block traffic, after
having been advised to remove from said traveled portion
— said acts having been wilfully and intentionally done
and designed to impede traffic, and that said acts con
stitute a violation of G.S. 20-174.1, an act for which an
adult may be punished by law; and it further appearing
to the Court and the Code being satisfied and finding as
a fact that the said child is in need of the care, protection
and discipline of the State, and is in need of more suit
able guardianship and is delinquent;
And it further appearing to the Court that heretofore
on the 9th day of January, 1969, said Evelyn Gibbs was
adjudged to have violated the laws of this State and was
found to be delinquent and in need of the protection and
discipline of the State, and in need of more suitable
guardianship; and it further appearing to the Court that
the matters and things set out herein corroborate the find
ings and order heretofore entered in the matter numbered
69-J-ll; and it further appearing to the Court that said
child should be placed upon probation and that the order
heretofore entered in 69-J-ll is appropriate and to the
best interest of the said child.
NOW, THEREFORE, the Order heretofore entered
January 9, 1969, in file ^-69-J-ll, is incorporated and
made a part of this order as fully as if set out herein,
231
and said child thereby placed on probation in the manner
and under the conditions therein set forth.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION (Ron
nie Lee Topping, No. 68-J-12)
This matter, corning on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Rosa Mackey, his grandmother,
his mother being in New York and his father’s where
abouts being unknown, the nature of this proceeding; as
will appear in the minutes; and said child being repre
sented by James E. Furgerson, II, Esq., Attorney of rec
ord; and it having been agreed to by the said James E.
Furgerson, XI, and Hon. Herbert Small, Solicitor for this
the First Solicitorial District, that this matter should be
consolidated with 68-J-4 through 68-J-15 inclusive and
69-J-27, for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
is in no way prejudicial to said child and does not vio
late the spirit or intent of Article 2, Chapter 110 of the
General Statutes of North Carolina; and it appearing to
the Court, and the Court finding as a fact, that on or
about the 6th day of December, 1968, the said child did
in the company of others go upon the paved portion of a
main traveled highway and remained upon said traveled
portion of said highway, and did, thereby, impede and
block traffic, after having been advised to remove from
said traveled portion— said acts having been wilfully
and intentionally done and designed to impede traffic, and
that said acts constitute a violation of G.S. 20-174.1, an
232
act for which an adult may be punished by law; and it
further appearing to the Court and the Court being satis
fied and finding as a fact that the said child is in need
of the care, protection and discipline of the State, and is
in need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Ronnie Lee Topping be, and he is here
by committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions of
probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at his residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Plyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/s / Hallett S. Ward
233
ORDER OF COMMITMENT AND PROBATION (Ty
rone Dudley, No. 68-J-13)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Daisy Dudley, his great-grand
father; his mother and father being deceased, the nature
of this proceeding; as will appear in the minutes; and
said child being represented by James E. Furgerson, II,
Esq., Attorney of record; and it having been agreed to by
the said James E. Furgerson, II, and Hon. Herbert Small,
Solicitor for this the First Solicitorial District, that this
matter should be consolidated with 68-J-4 through 68-J-
15 inclusive and 69-J-27, for hearing, findings and dis
position and said attorneys having further agreed that
such consolidation is in no way prejudicial to said child
and does not violate the spirit or intent of Article 2,
Chapter 110 of the General Statutes of North Carolina;
and it appearing to the Court, and the Court finding as
a fact, that on or about the 6th day of December, 1968,
the said child did in the company of others go upon the
paved portion of a main traveled highway and remained
upon said traveled portion of said highway, and did,
thereby, impede and block traffic, after having been ad
vised to remove from said traveled portion— said acts
having been wilfully and intentionally done and designed
to impede traffic, and that said acts constitute a violation
of G.S. 20-174.1, an act for which an adult may be
punished by law; and it further appearing to the Court
and the Court being satisfied and finding as a fact that
the said child is in need of the care, protection and dis
cipline of the State, and is in need of more suitable
guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Tyrone Dudley be, and he is hereby com
mitted to the custody of the Hyde County Department of
Public Welfare to be placed by said department in a suit
able institution maintained by the State for the care of
delinquents (as said institutions are enumerated in G.S.
234
134-91), after having first received notice from the super
intendent of said institution that such person can be re
ceived, and held by said institution for no definite term
but until such time as the Board of Juvenile Correction
or the Superintendent of said institution may determine,
not inconsistent with the laws of this State; this commit
ment is suspended and said child placed upon probation
for 12 months, under these special conditions of proba
tion;
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at his residence by 11:00 o’clock
P.M. each evening;
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION
(Theresa Blount, No. 68-J-14)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Joe Lee Blount, her father,
the nature of this proceeding; as will appear in the min
utes; and said child being represented by James E. Fur-
gerson, II, Esq., Attorney of record; and it having been
agreed to by the said James E. Furgerson, II, and Hon.
235
Herbert Small, Solicitor for this the First Solicitorial Dis
trict, that this matter should be consolidated with 68-
J-4 through 68-J-15 inclusive and 69-J-27, for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or in
tent of Article 2, Chapter 110 of the General Statutes of
North Carolina; and it appearing to the Court, and the
Court finding as a fact, that on or about the 6th day of
December, 1968, the said child did in the company of oth
ers go upon the paved portion of a main traveled high
way and remained upon said traveled portion of said
highway, and did, thereby impede and block traffic after
having been advised to remove from said traveled por
tion— said acts having been wilfully and intentionally
done and designed to impede traffic, and that said acts
constitute a violation of G.S. 20-174.1, an act for which
an adult may be punished by law; and it further appear
ing to the Court and the Court being satisfied and find
ing as a fact that the said child is in need of the care,
protection and discipline of the State, and is in need of
more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Theresa Blount be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G.S. 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution maj
determine, not inconsistent with the lavra of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions of
probation;
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
286
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/s / Hallett S. Ward
ORDER OF COMMITMENT AND PROBATION
(Linda Sue Gibbs, No. 68-J-15)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resident
of Hyde County, N. C.; and the Court having heretofore
explained to the child and to Hazel Gibbs, her mother, the
nature of this proceeding; as will appear in the min
utes; and said child being represented by James E. Fur-
gerson, II, Esq., Attorney of record; and it having been
agreed to by the said James E. Furgerson, II, and Hon.
Herbert Small, Solicitor for this the First Solicitorial
District, that this matter should be consolidated with 68-
J-4 through 68-J-15 inclusive and 69-J-27, for hearing,
findings and disposition and said attorneys having fur
ther agreed that such consolidation is in no way preju
dicial to said child and does not violate the spirit or in
tent of Article 2, Chapter 110 of the General Statutes of
North Carolina; and it appearing to the Court, and the
Court finding as a fact, that on or about the 6th day of
December, 1968, the said child did in the company of oth
ers go upon the paved portion of a main traveled high
way and remained upon said traveled portion of said
highway, and did, thereby, impede and block traffic, after
237
having been advised to remove from said traveled portion
— said acts having been wilfully and intentionally done
and designed to impede traffic, and that said acts con
stitute a violation of G.S. 20-174.1, an act for which an
adult may be punished by lav/; and it further appearing
to the Court and the Court being satisfied and finding as
a fact that the said child is in need of the care, protection
and discipline of the State, and is in need of more suit
able guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Linda Sue Gibbs be, and she is hereby
committed to the custody of the Hyde County Department
of Public Welfare to be placed by said department in a
suitable institution maintained by the State for the care
of delinquents (as said institutions are enumerated in
G.S. 134-91), after having first received notice from the
superintendent of said institution that such person can
be received, and held by said institution for no definite
term but until such time as the Board of Juvenile Cor
rection or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions of
probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place desig
nated by said Director;
3. That said child be at her residence by 11:00 o’clock
P.M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court,
This 10th day of January, 1969.
/ s / Hallett S. Ward
238
ORDER OF PROBATION (Patricia Collins,
No. 69-J-27)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resident
of Hyde County, N. C.; and the Court having heretofore
explained to the child and to Helena Collins, her sister-
in-law, her mother having been present January 9, 1969,
and having requested to be excused from court today, the
nature of this proceeding; as will appear in the minutes;
and said child being represented by James E. Furgerson,
II, Esq., Attorney of record; and it having been agreed to
by the said James E. Furgerson, II, and Hon. Herbert
Small, Solicitor for this the First Solicitorial District,
that this matter should be consolidated with 68-J-4
through 68-J-15 inclusive and 69-J-27, for hearing, find
ings and disposition and said attorneys having further
agreed that such consolidation is in no way prejudicial to
said child and does not violate the spirit or intent of A r
ticle 2, Chapter 110 of the General Statutes of North
Carolina; and it appearing to the Court, and the Court
finding as a fact, that on or about the 6th day of Decem
ber, 1968, the said child did in the company of others go
upon the paved portion of a main traveled highway and
remained upon said traveled portion of said highway,
and did, thereby, impede and block traffic, after having
been advised to remove from said traveled portion—-said
acts having been wilfully and intentionally done and de
signed to impede traffic, and that said acts constitute a
violation of G.S. 20-174.1, an act for which an adult may
be punished by law; and it further appearing to the Court
and the Court being satisfied and finding as a fact that
the said child is in need of the care, protection and dis
cipline of the State, and is in need of more suitable guard
ianship and is delinquent; and it further appearing to
the Court that heretofore on the 9th day of January,
1969, said Patricia Collins was adjudged to have vio
lated the laws of this State and was found to be delin
quent and in need of the protection and discipline of the
State, and in need of more suitable guardianship; and, it
239
further appearing to the Court that the matters and
things set out herein corroborate the findings and order
heretofore entered in the matter numbered 69-J-22; and
it further appearing to the court that said child should be
placed upon probation and that the order heretofore en
tered in 69-J-22 is appropriate and to the best interest
of said child.
NOW, THEREFORE, the Order heretofore entered
January 9, 1969, in file #69-J-22 is incorporated and
made a part of this order as fully as if set out herein,
and said child thereby placed on probation in the manner
and under the conditions therein set forth.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. Ward
To the signing and entry of the foregoing judgments
the respondent juveniles object and except. EXCEP
TION #58A. _____________
APPEAL ENTRY
MR. FERGUSON: I would like to give notice of
appeal in the same manner and form as I did yesterday.
THE COURT: I advised yesterday that I could not
allow any appeal in forma pauperis without an affidavit.
However, I will, upon your request, enter the same appeal
entries here as I did yesterday in the matters 69-J-17
through 69-J-24.
MR. FERGUSON: That is what I would like to do.
SUBMISSION OF PROCEEDINGS
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 10,
1969, at a regularly calendared session of Juvenile Court
in Hyde County.
This ______ day of ...................., January, 1969.
/ s / Hallett S. W ard
Judge Presiding
240
SUMMARY OF EVIDENCE IN R E : DONALD WHITE,
69-J-25, and WILMA JOYCE WHITAKER, 69-J-26
Pursuant to G.S. 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice in
the Court of Appeals of North Carolina, the undersigned
District Judge, commissioned to hold sessions of District
Court in this State and within the Second Judicial Dis
trict for a term of four years, beginning December 2,
1968, respectfully submits the following summarization
of the evidence in the above listed Juvenile Hearings.
Findings of fact are contained in the attached orders.
A regularly calendared session of Juvenile Court for
the County of Hyde wTas duly convened January 10, 1969,
with the undersigned Judge presiding. The State was
represented by the Honorable Herbert Small, Solicitor for
the First Solicitorial District and the juveniles were rep
resented by James E. Ferguson, II, Esq. The State, at
the request of the said James E. Ferguson, II, moved
that these matters, numbered 69-J-25 and 69-J-26 be con
solidated for hearing, findings and disposition. Motion
allowed. The Solicitor moved that the third paragraph
of the Petition in these cases 69-J-25 and 69-J-26 be
amended. The attorney for the juveniles objected. The
objection wTas overruled and the amendment allowed.
EXCEPTION #59.
Upon the call of the above enumerated matters for
hearing and disposition, the Court ordered the general
public excluded from the hearing room, stating that only
officers of the Court, the juveniles, their parents or guard
ians, and witnesses should be present for the hearing.
The attorney for the juveniles objected. Objection over
ruled. EXCEPTION #60.
Each child was accompanied by his or her aunt or
grandfather.
The attorney for the juveniles moved to dismiss the
petition for each juvenile on the grounds that the juve
nile statutes, N.C. Gen. Stat. Section 110-21, et seq., under
which these cases are to be tried, are unconstitutionally
vague and overbroad and deprive the juveniles of equal
protection and due process of law. Motion denied. EX
CEPTION #61.
241
Mr. Ferguson requested a jury trial. Request denied.
EXCEPTION #62.
SERGEANT WILLIE ROGERS testified:
DIRECT EXAMINATION (By Mr. Small)
I am Sgt. Willie Rogers, employed by the North Caro
lina Highway Patrol. On November 18, 1968, I was in
Hyde County. On this occasion I saw the juveniles, Don
ald White and Wilma Joyce Whitaker, I am not sure of
the exact time but it was about noon. When I first ob
served these two they were in the company of a group
totaling twenty-one. They were marching on 264 Busi
ness in a westwardly direction about three-quarters of a
mile out of town. As this group came into town and in
front of the Esso Station they got over into the traveled
portion of the road. The girls stayed in the eastbound
lane about three feet from the centerline of the road.
The males in the group stayed in the westbound lane
about two or three feet from the centerline.
MR. FERGUSON: MOTION TO STRIKE. MOTION
DENIED.
When I first saw them they were walking on the shoul
der, the lefthand side, in an orderly fashion. These re
spondents were in the group and remained in the group.
There were twelve girls and nine males on the business
portion of Highway 264 here in Sw-an Quarter. At that
point in front of the Esso Station the two traveled lanes
are approximately eighteen feet wide. There is no shoul
der on the south side. Directly across on the north shoul
der there is a real narrow dirt shoulder. After the girls
got in the eastbound lane and the males in the westbound
lane each of these participants had a roll of paper about
two and one-half feet long. The paper was rolled up and
they were hitting each other with the paper. They were
advised to get out of the street, that if they interfered
with the traffic they would be arrested. At this time
there was no traffic. They remained there and did not
leave at that time. One or more vehicles approached from
242
each direction but I don’t know the exact number. These
vehicles could not have gotten around the group.
The vehicles remained stopped five minutes or less.
When traffic was stopped they were told a second time to
clear the road. They remained there and completely ig
nored the request that was made. Then they were told
they were under arrest and went along peacefully to the
county jail. No resistance at all. They 'were neither
singing nor clapping. They were just laughing and hit
ting each other with rolls of paper. The entire group
of 21 persons was taken into custody.
Q. At that time did the two juveniles, Donald White
and Wilma Joyce Whitaker, give you their date of birth ?
OBJECTION. OVERRULED.
A. Yes.
Q. What date did they give you? OBJECTION.
OVERRULED.
A. Wilma Joyce Whitaker gave the date 1/12/52
which was corrected to read age fourteen, 1/12/54.
To the best of my knowledge this latter date is correct.
On this occasion Donald White gave his age as seventeen
and birth date as 1/24/51. He produced a birth cer
tificate from the State of Virginia showing 1/24/53.
CROSS EXAMINATION (By James E. Ferguson, II)
I said that when I first observed the group they were
coming from the East toward town. When I first saw
the group I rode by them in my patrol car with Sgt.
Smith. Sgt. Smith was driving at a moderate speed of
twenty to twenty-five or less. At this time I did not
recognize all of the twenty-one persons by name. I did
recognize Donald. I did not recognize Wilma Joyce at
that time. We first drove towards the east and then
turned around and went west. When I first observed
them they were from one-half to three-quarters of a
mile from the Esso Station. They walked that distance
in a straight line in a column of two’s. When I advised
them they would be arrested if they blocked traffic they
were in the travel portion of the highway but there was
no traffic. Each of them was standing about three feet
243
from the centerline. At this point they were not pro
ceeding east, they were standing still. They had rolls
of paper. They were just standing there in the road
playing with each other. I could determine the approxi
mate ages of the members of the group based upon what
they had previously told us. The maximum age of the
females was 19 and the maximum age of the males was
16 except Donald said he was seventeen. I have been on
duty here in Hyde County since the first wTeek in Sep
tember.
Q. To your knowdedge is there any playground facili
ties provided here? OBJECTION. SUSTAINED.
After I saw them playing in the street I wmlked from
the Courthouse where I had parked my car. There 'were
other patrol cars present situated in various places on
each side of the building. No patrol car parked in the
highway to my knowledge. There were no patrol cars
parked in the road. On that particular day there were
twelve patrolmen present. They were not out where the
kids were playing. They came out and placed them under
arrest and escorted them to jail. When they came out
they circled the group and marched them to the county
jail. I don’t recall whether the group altered their posi
tion from standing on either side of the centerline. I
said the traveled portion of the road was approximately
eighteen feet wide with two traveled lanes. The average
automobile is at least eight feet wide. An eight-foot
wide automobile could not pass these persons without
having to go through the station yard or the ditch on
the other side. There is a cleared portion used as a sta
tion yard where a car could get around. I testified ear
lier that a certain portion of the road on each side is
designated as right-of-way unless otherwise posted. There
is nothing posted out at the service station stating that
the State owns the property between the highway and
the station yard but the concrete base out there was not
put there by the State. It is private property.
REDIRECT EXAMINATION (By Mr. Small)
No force was used when these people were placed under
arrest. I did not place a hand on them. Some ran in
244
the direction of the jail. I had seen these respondents
before under similar circumstances, impeding traffic.
MR. FERGUSON: MOTION TO STRIKE. MOTION
DENIED. EXCEPTION #63.
Q. Do you remember how many other occasions you
had come in contact with these respondents? OBJEC
TION. OVERRULED. EXCEPTION #64.
A. As far as the defendant, Wilma Joyce Whitaker,
I only recall one other occasion. As far as the defendant,
Donald White, this would be either the third or fourth
time. Second, or more possible the third time.
MR. SMALL: THE STATE RESTS.
MR. FERGUSON: MOTION TO DISMISS.
THE COURT: MOTION DENIED. EXCEPTION
#65.
MR. FERGUSON: There will be no evidence for
either juvenile. We renew our Motion.
THE COURT: MOTION DENIED. EXCEPTION
# 66.
ORDER OF COMMITMENT AND PROBATION (Wil
ma Joyce Whitaker, No. 69-J-26)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the child and Erma
Blount, aunt, being present, as will appear in the min
utes; and said child being represented by James E. Fur-
gerson, II, Esq., Attorney of record; and it having been
agreed to by the said James E. Furgerson, II and Hon.
Herbert Small, Solicitor for this The First Solicitorial
District, that this matter should be consolidated with
69-J-25 for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
245
is in no way prejudicial to said child and does not vio
late the spirit or intent of Article 2, Chapter 110 of the
General Statutes of North Carolina; and it appearing
to the Court, and the Court finding as a fact, that on or
about the 18th day of November, 1968, the said child
did in the company of approximately 20 people on one of
the main traveled highways in Swan Quarter, North
Carolina, impede the flow of traffic by standing upon
the traveled portions of said highway, said acts being
intentionally done and with the intent to violate the laws
of the State and to impede traffic, and that said acts
constitute a violation of GS 20-174.1, an act for which
an adult may be punished by law; and it further ap
pearing to the Court and the Court being satisfied and
finding as a fact that the said child is in need of the
care, protection and discipline of the State, and is in
need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Wilma Joyce Whitaker be, and she is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the State
for the care of delinquents (as said institutions are
enumerated in GS 134-91), after having first received
notice from the superintendent of said institution that
such person can be received, and held by said institution
for no definite term but until such time as The Board
of Juvenile Correction or the Superintendent of said in
stitution may determine, nor inconsistent with the laws
of this State; this commitment is suspended and said
child placed upon probation for 12 months, under these
special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her resident by 11:00 o’clock
P. M. each evening.
246
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10 day of January, 1969.
/&/ Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Don
ald White, No. 69-J-25)
This matter, coming on to be heard, and being at this
regularly calendared session of Juvenile Court for the
County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child
is under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the child and Harry Gibbs,
grandfather, were present, as will appear in the min
utes; and said child being represented by James E. Fur-
gerson, II, Esq., Attorney of record; and it having been
agreed to by the said James E. Furgerson, II and Hon.
Herbert Small, Solicitor for this The First Solicitorial
District, that this matter should be consolidated with
69-J-26 for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
is in no way prejudicial to said child and does not vio
late the spirit or intent of Article 2, Chapter 110 of
the General Statutes of North Carolina; and it appear
ing to the Court, and the Court finding as a fact, that
on or about the 18th day of November, 1968, the said
child did in the company of approximately 20 people
on one of the main traveled highways in Swan Quarter,
North Carolina, impede the flow of traffic by standing
upon the traveled portions of said highway, said acts
being intentionally done and with the intent to violate
the laws of the State and to impede traffic, and that said
acts constitute a violation of GS 20-174.1, an act for
which an adult may be punished by law; and it further
appearing to the Court and the Court being satisfied
247
and finding as a fact that the said child is in need of
the care, protection and discipline of the State, and is
in need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED and
DECREED that Donald White be, and he is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in GS 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 12 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at his resident by 11:00 o’clock
P. M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. Ward
To the signing and entry of the foregoing judgments
the respondent juveniles object and except. EXCEPTION
#67.
APPEAL ENTRY
THE COURT: I presume you wish to appeal from
these Orders also?
MR. FERGUSON: Yes, I wish to object to the sign
ing and entry of the Order and renew the motions and
objections I made in cases 69-J-17 through 69-J-24.
THE COURT: I will do the same in this group of
cases I did before, and will enter a copy of your appeal
entries here.
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 10,
1969, at a regularly calendared session of Juvenile Court
in Hyde County, North Carolina.
This the _..__ day o f _______________ 1969.
,/s / Hallett S. W ard
Judge Presiding
SUMMARY OF EVIDENCE IN RE: JAMES LAM-
BERTH HOWARD, 68-J-3
Pursuant to GS 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge, commissioned to hold session of
District Court in this State and within the Second Judi
cial District for a term of four years, beginning De
cember 2, 1968, respectfully submits the following sum
marization of the evidence in the above listed Juvenile
Hearings. Findings of fact are contained in the attached
Orders.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 10,
1969, with the undersigned Judge presiding. The State
was represented by the Honorable Herbert Small, Solici
tor for the First Solicitorial District and the juveniles
were represented by James E. Ferguson, II, Esq. I he
Solicitor moved to amend the Petition. Mr. Ferguson
objected. Objection overruled and amendment allowed.
Only the juvenile and his mother, Pearl Howard, and
officers of the Court w’ere present. The attorney for the
juveniles moved to dismiss the petition for said juvenile
on the grounds that the juvenile statutes, N. C. Gen.
Stat. Section 110-21, et seq., under which these cases
are to be tried are unconstitutionally vague and over
broad, and deprive the juvenile of equal protection and
due process of law. Motion denied. EXCEPTION #68.
Mr. Ferguson requested a jury trial. Request denied.
EXCEPTION #69.
H. FRED SIMONS
DIRECT EXAMINATION
My name is PI. Fred Simons, and I am employed by
the Board of Education as principal of the 0. A. Peay
School since 1966. On December 5, 1968, I was so em
ployed and my office was in the school. In addition to
my private office, there is my secretary’s office, a nurse’s
station, and a storage closet; all connected.
I went to school about 7:45 that morning. School
opened at 8:00, and we closed it prior to 12:00. The
normal closing time on December 5, 1968, would have
been 3:17 P. M. I left school about five to ten and went
to a ten o’clock meeting in the Superintendent’s office.
Within ten to fifteen minutes I received a telephone call
and returned to the O. A. Peay School about 10:30 or
10:40.
When I returned to school I did not go to my office.
I requested the students that I was responsible for to
be put on the buses. It was my idea to get those people
safely away.
When I returned to school I found a number of high
way patrol officers, personnel from the Sheriff’s depart
ment, and quite a number of children outside. These
children were not enrolled in my school; they were resi
dents of Hyde County and should have been enrolled in
250
the school. They were making noises. I wanted to get
the students home because there was a deviation from
the normal. By deviation, I mean persons on compus
who were neither students nor personnel.
I returned to my office about noon. I had locked my
office before I left. The secretary’s office adjoining mine
was in somewhat a disarray. Things were turned over,
papers on the floor, a cabinet had been removed from
one room to another, a desk was down, a chair turned
over on the side, there was a spinner wheel and hub-cap
on the floor.
James Lambert Howard is not one of my students. In
my secretary’s office was the bed from the nurse’s room.
It was located on the wall of my secertary’s office. When
I left that morning it was in the nurse’s room where it
normally stayed.
There were objects littering the store room floor which
had not been there when I left to attend the Superin
tendent’s meeting. The paper on the floor, the roll of
electric wire, the books and stand are school property.
I had not authorized anyone to place those objects in
disarray or to displace them. I had not authorized James
Lambert Howard to go into my office, or the other rooms.
SERGEANT WILLIE ROGERS
DIRECT EXAMINATION:
I am Sgt. Willie Rogers, employed by the North Caro
lina Highway Patrol. I had occasion to go to the 0. A.
Peay School on December 5, 1968. I arrived about 10:30
a. m. I was the third officer to arrive. Lieutenant Lance
and Trooper Britton arrived before. When I arrived
there were approximately forty-five to fifty students out
side the building at what appears to be the front of the
building. Students were outside yelling, screaming, sing
ing and shouting. There was a group inside the princi
pal’s office. They were yelling inside. Once we told them
to get out of the building. The principal’s office is lo
251
cated inside the building. You turn right down the hall
and back to the right. There is the principal’s office and
a door leads to the secretary’s office. There were sixteen
(16) in this office, shouting and yelling.
MR. FERGUSON: Motion to strike.
THE COURT: Motion denied. EXCEPTION #70.
The door that leads into the hall from the secretary’s
office has a section of glass in the door. You can see
into the room. There is a door from the secretary’s of
fice into the principal’s office. There were objects piled
up against the window. The subjects inside this room
were moving a metal cabinet about. All of them were
moving something or yelling. They moved the cabinet to
the window. They propped the bed up on the door.
OBJECTION OVERRULED {EXCEPTION #71)
We got the sixteen persons out of the secretary’s room
and took them into custody. James Lambert Howard
was one of the sixteen. I observed James Lambert How
ard participating with this group in moving the furniture
and so forth, around in the office.
MR. FERGUSON: Motion to strike.
THE COURT: Denied (EXCEPTION #72)
We waited to get the sixteen people out of the Secre
tary’s office until school was dismissed. After the stu
dents were dismissed and escorted to the school bus we
came back and got these subjects out of the office one at
the time and put them on a prison bus and brought them
to the Hyde County jail. I went into the nurse’s room
adjoining the secretary’s room.
Q. I show you State’s Exhibit 5 and ask you if it
clearly shows what you saw after you removed the people
from the office?
OBJECTION OVERRULED (EXCEPTION #73)
A. It does.
When I entered there was water on the floor. There
was water around the lavatory and the desk. The area
was about three and one-half feet by four and one-half
feet. A scale was pushed out in the floor. There was a
wet towel draped on the lavatory.
252
Q. I show you State’s Exhibits 3, 6 and 1 and ask
you if they fairly and accurately show you the secretary’s
office as it appeared when you entered it?
Q. It does.
At the door leading to the secretary’s office there was
a tall metal cabinet approximately six feet in height. We
moved the cabinet in order to get in. There was a mat
tress up in the glass window or glass door. There was
a pillow stuffed up in it. There were papers scattered
on the floor. A hubcap was on the floor. A small table
and chair were laying on their sides. Everything was
disarranged in a disorderly manner.
Q. The State shows you Exhibit 2 which shows the
storage room. Did it appear in this manner when you
entered?
* OBJECTION OVERRULED (EXCEPTION #74)
A. Yes.
In this room a box of books was lying in the floor.
Boxes were pulled away from the wall in a most dis
orderly fashion and there was a roll of wire in the floor.
Q. How did you gain entrance in the secretary’s room
after school had been dismissed?
A. After our request was denied to open the door
we opened the door by force, breaking the lock on the
door.
MR. FERGUSON: Motion to strike.
THE COURT: Motion denied. (EXCEPTION #75)
We gained entrance by force. There is a room off to
the side, a storage room or stock room. Medical supplies
were there also. It was disarranged, boxes torn open.
MR. SMALL: The State offers into evidence Exhibits
4, 5 and 9.
THE COURT: They will be admitted for the pur
pose of illustrating the testimony of Sgt. Rogers to the
extent that they may so illustrate his testimony.
Q. Was it after these requests had been denied that
you broke the door to gain entrance?
OBJECTION OVERRULED (EXCEPTION #76)
A. Yes
253
CROSS EXAMINATION by Mr. James E. Ferguson, II.
I said there were sixteen persons in this area. It is
true that I do not know any specific thing that James
Lambert Howard did while he was in the room. I do
not recall any specific statement that he made.
MR. SMALL: The State rests.
MR. FERGUSON: Motion to dismiss
THE COURT: Motion denied. (EXCEPTION #77)
MR. FERGUSON: There will be no evidence for the
Respondent and I renew my Motion to Dismiss.
THE COURT: Motion denied. (EXCEPTION #78)
ORDER OF COMMITMENT AND PROBATION (James
Lambert Howard, No. 68-J-3)
This matter coming on to be heard and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convening this 10th day of Janu
ary, 1969, the Court having determined that the juvenile
is under sixteen (16) years of age, the Court having
heretofore explained to the child and to Pearl Howard,
the mother of the child the nature of this proceeding, it
appearing to the Court, and the Court finding as a fact
that on or about the 5th day of December, 1968, the
said child did, in the company of 15 others, enter with
out lawful authority the 0. A. Peay School in Swan
Quarter, North Carolina, and participate with others in
making loud noises which were calculated to and did in
fact disturb and disrupe said school which was then in
session and did disarrange and disrupt an office in said
school and did join with others in a course of conduct
designed to cause a cessation of school activities and that
said acts constitute a violation of GS 14-132 and GS
14-273; and it further appearing to the Court and the
Court being satisfied and finding as a fact that said
James Lambert Howard is in need of the care, protec
tion and discipline of the State and is in need of more
suitable guardianship, and is delinquent.
254
Now, it is therefore, ORDERED, ADJUDGED AND
DECREED, that James Lambert Howard be, and he is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintaned by the State
(as said institutions may be enumerated in GS 134-91)
and held by said institution for no definite term, but
until such time as the Board of Juvenile Correction or
the Superintendent of said institution shall determine,
not inconsistent with the laws of this State, This com
mitment is suspended and said child placed on probation
for 24 months:
1. That he violate no laws of the State of North
Carolina for 24 months.
2. That he be at his residence by 11:00 P. M. each
evening.
3. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
4. That he report to the Director of the Hyde County
Department of Public Welfare, or his designated agent
at least once each month at a time and place designated
by said Director.
This matter is retained pending further order of the
Court.
This 10 day of January, 1969.
,/s/ Hallett S. W ard
To the signing and entry of the foregoing judgments
the respondent juveniles object and except. (EXCEP
TION #79)
APPEAL ENTRY
MR. FERGUSON: I wish to appeal in the same man
ner I have done in the other cases.
THE COURT: I will enter a copy of your appeal
entries in the first case here.
255
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 10,
1969, at a regularly calendared session of Juvenile Court
in Hyde County, North Carolina.
This the ____ day of _______________ , 1969.
,/s / Hallett S. Ward
Judge Presiding
SUMMARY OP EVIDENCE IN RE: ROSE MARY
WHITNEY No. 69-J-15
Pursuant to GS 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge, commissioned to hold session of
District Court in this State and within the Second Judi
cial District for a term of four years, beginning Decem
ber 2, 1968, respectfully submits the following summari
zation of the evidence in the above listed Juvenile Hear
ing. Findings of fact are contained in the attached
Order.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 10,
1969, with the undersigned Judge presiding. The State
was represented by the Honorable Herbert Small, Solici
tor for the First Solicitorial District, and the juvenile
was represented by James E. Ferguson, II, Esq. The
Solicitor moved that the third paragraph of the Petition
in this case, 69-J-15, be amended. The attorney for the
juvenile objected. The objection wTas overruled and the
amendment allowed. (EXCEPTION #80) Upon the call
of the above enumerated matter for hearing and disposi
tion, the Court ordered the general public excluded from
the hearing room, stating that only officers of the Court,
the juvenile, her parent or guardian, and witnesses
should be present for the hearing. The attorney for the
juvenile objected. Objection overruled. (EXCEPTION
#81) The child was accompanied by her mother. The
256
attorney for the juveniles moved to dismiss the petition
for each juvenile on the grounds that the juvenile stat
utes, N. C. Gen. Stat, Section 110-21, et seq., under
which these cases are to be tried are unconstitutionally
vague and overbroad, and deprive the juveniles of equal
protection and due process of law. Motion denied. (EX
CEPTION # 8 2 ). Mr. Ferguson requested a jury trial.
Request denied. (EXCEPTION #83)
THE COURT: As I have advised previously, this is
a session of juvenile court and is not a criminal hearing.
This is why I have excluded the general public. I want
to read to you from our General Statutes that provide
in part as follows: that session of Juvenile Court shall
be held at such times and in such places within the
County as the Judge shall from time to time determine.
In the hearing of any case, the general public may be
excluded and only such persons admitted as have a direct
interest in the case. Sessions of the Court shall not be
held in conjunction with any other business of the Court,
and childrens’ cases shall not be heard at the same time
as those against adults. The Court shall maintain a full
and complete record of all cases brought before it, to be
known as the Juvenile Record. All records may be with
held from indiscriminate public inspection in the discre
tion of the Court, but such record shall be open to in
spection by parents, guardians, or other authorized rep
resentatives of the child concerned. No adjudication shall
operate as a disqualification of any child for any public
office and no child shall be denominated a criminal by
reason of such adjudication, nor shall any such adjudi
cation be denominated a conviction. Our Supreme Court
has stated that the express intention of this Statute is
that in all proceedings under its provisions, the Court
shall proceed upon the theory that a child under its ju
risdiction is the Ward of the State and is subject to the
discipline and entitled to the protection which the Court
should give such child under the circumstances disclosed
in the case. Moreover, any order or judgment made by
the Court in the case of any child should be subject to
such modification from time to time as the Court may
consider to be for the welfare of the child. In other
257
words, and to summarize, this is not a criminal case,
but is a hearing to determine whether this child is de
linquent and in need of the protection and guidance of
the State.
MR. SMALL CALLED SERGEANT WILLIE ROGERS
DIRECT EXAMINATION
I am Sergeant Willie Rogers employed by the North
Carolina Highway Patrol. I was in Hyde County on
November 13, 1968, and on this occasion saw Rose Mary
Whitney at about 11:00 a. m. This juvenile, along with
twenty other participants, was in the street in front of
the courthouse at the intersection of that street with
the Oyster Creek Landing Road. The group was in a
circle which had been occupying both lanes of the trav
eled portion of the road. About one-half of the partici
pants were carrying chickens. They first walked in a
circle. The defendant was one of those who w7as carry
ing a chicken. They then knelt on their knees in a circle
in front of the courthouse. At this time a vehicle ap
proached from the South headed North. This vehicle
came past the last intersection prior to the corner beside
the court house and stopped. We advised the group that
they were impeding traffic and would have to clear the
road. They left that location and walked to the corner
of Business 264 and the Oyster Creek Landing Road.
They continued in a circular motion. When they first
got out in Business 264 there was no traffic. They w7ere
advised to clear the road. They got back to the side all
in one lane at that time. They got off the paved portion
and then back on in a circle. At this time a vehicle came
for the East and a vehicle came from the West. The
vehicle from the East was an ambulance. It had no light
on and was not using a siren. Both lanes were blocked
and there was no room on the shoulder at that point
for vehicular traffic to go around. They were advised
for the third time that they were blocking traffic and
were subject to arrest. Subsequently they were arrested.
They did not leave the third time they "were told to leave.
258
Traffic remained blocked approximately five minutes or
more and they were placed under arrest and told to
follow us to the jail. They gave no resistance at all.
Twenty-one were arrested. Nine of these were males
with an average age of fourteen given. There were
twelve females and eleven of these later qualified as
juveniles.
Q. Did you ask Rose Mary her age?
OBJECTION OVERRULED.
A. Yes.
Q. What date did she give you?
OBJECTION OVERRULED.
A. Seventeen, birth date April 17, 1951. Records
later revealed she was fifteen and her date of birth was
April 17, 1953.
I do not recall having seen this juvenile before that
date in a demonstration where arrests were made. I
had seen her on several occasions before in marches in
other locations. These marches had occurred during a
period of time well over a month.
CROSS EXAMINATION by Mr. Ferguson
Rose Mary had a chicken in her hand. She was wear
ing slacks or whatever they are called and a light colored
jacket or coat with no hat. She did individually block
traffic. She was in a group going around in the street.
She was not in any one spot. The group was moving all
the time. There were twenty-one people in the group.
At the location where they were arrested all twenty-one
were doing the same thing. When the arrests were made
all of the participants were detained. I am not in a
position to say over what period of time. They were
detained at the Hyde County jail. I took out a warrant
for them for violating the criminal law. Rose Mary was
locked up until she posted bond. We were acting on the
assumption that she was sixteen and that was based on
what she told us. I do not recall having any difficulty
with Rose Mary. I had seen her in other activities.
MR. SMALL: THE STATE RESTS.
MR. FERGUSON: The juvenile moves to dismiss.
THE COURT: Motion denied. (EXCEPTION #84)
259
MR. FERGUSON: There will be no evidence for the
juvenile and I renew my motion to dismiss.
THE COURT: Motion denied. (EXCEPTION #85)
To the signing and entry of the foregoing judgments
the respondent juveniles object and except. (EXCEP
TION #86)
APPEAL ENTRY
THE COURT: I presume you wish to appeal from
this Order also?
MR. FERGUSON: Yes, I wish to object to the sign
ing and entry of the Order and renew the Motions and
objections I made in cases 69-J-17 through 69-J-24.
THE COURT: I will do the same in this case as I
did before and will enter a copy of your appeal entries
here.
ORDER OF COMMITMENT AND PROBATION (Rose
Mary Whitney. No. 69-J-15)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Rurie Whitney, her
mother, the nature of this proceeding, as will appear in
the Minutes; and this child being represented by James
E. Ferguson, II, Esq., Attorney of record; and it ap
pearing to the Court, and the Court finding as a fact,
that on about the 13th day of November, 1968 the said
child did, in the company of others go upon and occupy
a portion of one of the main highways in Swan Quarter,
North Carolina, thereby impeding the traffic; and after
having been three times advised to from blocking traffic
did remain upon said traveled portion of the highway
and did intentionally and with purpose and design im
pede the flow of traffic, said acts constituting a violation
of GS 20-174.1, an act for which an adult may be pun
260
ished by law; and it further appearing to the Court
and the Court being satisfied and finding as a fact that
said Rose Mary Whitney is in need of the care, protec
tion and discipline of the State and is in need of more
suitable guardianship, and is delinquent.
It is now, therefore, ORDERED AND DECREED
that Rose Mary Whitney be, and she is hereby com
mitted to the custody of the Hyde County Department
of Public Welfare to be placed by said department in a
suitable institution maintained by the State for the care
of delinquents (as said institutions are enumerated in
GS 184-91), after having first received notice from the
Superintendent of said institution that said person can
be received, and held by said institution for no defi
nite term or until such time as the Board of Juvenile
Correction or the Superintendent of such institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for eighteen (18) months, under these special
conditions of probation:
1. That she violate none of the laws of the State for
a period of eighteen (18) months.
2. That she be at her residence by 11:00 p.m. each
evening.
3. That she report to the Director of the Hyde County
Department of Public Welfare or his agent once each
month at a time and place designated by said Director.
4. That she attend some school or institution offering
some training approved by the Hyde County Director of
Public Welfare.
This matter is retained pending further order of the
Court.
This 10th day of January, 1969.
/s / Hallett S. W ard
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 10,
1969 at a regularly calendared session of Juvenile Court
in Hyde County, North Carolina.
This ____ day o f ________________ , 1969.
/ s / Hallett S. W ard
261
SUMMARY OF EVIDENCE IN RE: CHERLYN D.
WHITNEY— No. 69-J-2 and TRINA SELBY— No.
69-J-7
Pursuant to GS 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge, commissioned to hold sessions of
District Court in this State and within the Second Judi
cial District for a term of four years, beginning Decem
ber 2, 1968, respectfully submits the following summari
zation of the evidence in the above listed Juvenile Hear
ings. Findings of fact are contained in the attached
Orders.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 10, 1969,
with the undersigned Judge presiding. The State was
represented by the Honorable Herbert Small, Solicitor
for the First Solicitorial District, and the juveniles were
represented by James E. Ferguson, II, Esq. The State
moved to amend the Petition in 69-J-2 to correct the
name of the juvenile to Cherlyn D. Whitney. Motion
allowed. The State, at the request of the said James E.
Ferguson, II, moved that these matters, numbered 69-J-2
and 69-J-7, be consolidated for hearing, findings and
disposition. Motion allowed. The Solicitor moved that
the third paragraph of the Petition in these cases, 69-J-2
and 69-J-7, be amended. The attorney for the juveniles
objected. The objection was overruled and the amend
ment allowed. EXCEPTION #87. Upon the call of
the above enumerated matters for hearing and disposi
tion, the Court ordered the general public excluded from
the hearing room, stating that only officers of the Court,
the juveniles their parents or guardians, and witnesses
should be present for the hearing. The attorney for the
juveniles objected. Objection overruled. EXCEPTION
#88. Each child was accompanied by her mother or
aunt.
The attorney for the juveniles moved to dismiss the
petition for each juvenile on the grounds that the juve
nile statutes, N. C. Gen. Stat. Section 110-21, et seq., under
262
which these cases are to be tried are unconstitutionally
vague and overbroad, and deprive the juveniles of equal
protection and due process of law. Motion denied. EX
CEPTION #89.
Mr. Ferguson moved the Court for a trial by jury.
Motion denied. (EXCEPTION #90)
THE COURT: The Court ascertained that both juve
niles have heretofore been before the Court with their
respective mother and aunt and the Court deems it neces
sary to advise the juveniles and their parents or guard
ians regarding the nature of the hearing.
MR. SMALL CALLED SERGEANT WILLIE ROGERS
DIRECT EXAMINATION
I am Sgt. Willie Rogers, employed by the North Caro
lina Highway Patrol. I was in Hyde County November
12, 1968 and on that date saw Cherlyn Whitney and
Trina Selby. This was at approximately 12:00 noon on
November 12. The two juveniles were in a group on
U. S. 264 approximately 300 feet from the intersection.
I was in the company of Sgt, Smith and wTe approached
the group. They were in a circle in the roadway. On
this particular date there were fifteen females and eleven
males. They were all in a circle. They were singing
the songs that they normally sang on this type of occa
sion. Some were laughing, some were talking, and yell
ing. They wrere advised to clear the road for vehicular
traffic. They did get off on the shoulder and then came
back on the road. Sgt. Smith and I 'were there. At this
particular point they were told they would be arrested if
they blocked traffic. At this time traffic was coming
from the East and a vehicle was coming from the West.
The group advised that this was the third time and
were told they were under arrest for impeding traffic.
We summoned a squad that was in eyesight and they
circled the group. Vehicular traffic was at a standstill.
Some subjects that were on the shoulder of the road
tried to get into the group that was placed under arrest.
MR. FERGUSON: Motion to strike.
263
MOTION DENIED (EXCEPTION #91)
The first time I told them to clear the highway traffic
■was coming. The highway at this point is 18 feet wide
with an eastbound and westbound lane. When they cir
cled in the highway each outer edge of the circle touched
the outer edge of the pavement. When the vehicles ap
proached from the east and west it was necessary for
them to stop in the road to avoid hitting the group.
When the two vehicles stopped, fifty to seventy-five feet
from the group, we advised the group they were under
arrest for interfering with the traffic. They were warned
twice prior to this as a result of being in the roadway
and were told that if they continued to block traffic they
would be arrested. We asked them to move out of the
roadway and arrested them the third time. They re
mained in the roadway after the vehicles stopped and
we summoned a squad of eight. The squad was at the
courthouse some two hundred feet away. When we were
going to arrest the group we marched up, summoned
them and they formed a line and marched to the jail.
This was about Noon. On that same date we arrested
another group for similar conduct.
Q. Was Trina Selby in the group that you arrested
earlier?
OBJECTION OVERRULED (EXCEPTION #92)
A. Yes. She was taken into custody at that time.
Q. What about the juvenile Cherlyn Whitney, was
she in the group arrested earlier?
OBJECTION OVERRULED (EXCEPTION #93)
A. Yes.
Q. This earlier arrest, did it take place in approxi
mately the same location?
OBJECTION OVERRULED (EXCEPTION #94)
A. Yes.
CROSS EXAMINATION by James E. Ferguson, I I :
I don’t know how many cars were stopped in each
direction. I distinctly remember one in each direction.
I do know that traffic was stopped before we took action.
Each car was stopped about five minutes. The people
264
were out there singing their usual songs. I think they
call them freedom songs. None of those arrested gave
any trouble.
REDIRECT EXAMINATION BY Mr. Small:
Q. Sgt. Rogers, did they give you their ages or dates
of birth?
OBJECTION OVERRULED.
A. Yes.
Q. What ages or dates of birth did they give you?
OBJECTION OVERRULED
A. Cherlyn Whitney gave the birth date 6/9/52 and
Trina Selby gave the age of seventeen and a birth date
of 2/13/51.
I have not yet established their correct ages or dates
of birth.
MR. SMALL: The STATE RESTS.
MR. FERGUSON: Motion to dismiss as of nonsuit.
THE COURT: Motion denied. (EXCEPTION #95)
MR. FERGUSON: There will be no evidence for
either juvenile and I renew my Motion to dismiss.
THE COURT: Motion denied. (EXCEPTION #96)
ORDER OF COMMITMENT AND PROBATION (Cher
lyn D. Whitney, No. 69-J-2)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10th day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Janie B. Whitney,
mother, the nature of this proceeding; as will appear in
the Minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record; and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this the First Solicitor
District, that this matter should be consolidated with
265
69-J-7 for hearing, findings and disposition and said
attorneys having further agreed that such consolidation
is in no way prejudicial to said child and does not vio
late the spirit or intent of Article 2, Chapter 110 of the
General Statutes of North Carolina; and it appearing to
the Court, and the Court finding as a fact, that on or
about the 12 day of November, 1968, the said child did
in the company of others go upon one of the main trav
eled highways in Swan Quarter, North Carolina, and
did, wdiile upon the paved portion of said highway im
pede the flow of traffic and did remain upon said trav
eled portion of the highway after vehicular traffic had
been stopped, and that said acts constitute a violation
of GS 20-174.1, an act for which an adult may be pun
ished by law; and it further appearing to the Court
and the Court being satisfied and finding as a fact that
the said child is in need of the care, protection and dis
cipline of the State, and is in need of more suitable
guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED AND
DECREED that Cherlyn D. Whitney be, and she is here
by committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in GS 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as The Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent 'with the laws of this State;
this commitment is suspended and said child placed upon
probation for 18 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 18 months.
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
266
3. That said child be at her residence by 11:0Q o’clock
P. M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10 day of January, 1969.
/ s / Hallett S. W ard
ORDER OF COMMITMENT AND PROBATION (Trina
Selby, No. 69-J-7)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 10 day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Bessie Matthews,
aunt, the nature of this proceeding; as will appear in
the minutes; and said child being represented by James
E. Furgerson, II, Esq., Attorney of record, and it having
been agreed to by the said James E. Furgerson, II, and
Hon. Herbert Small, Solicitor for this The First Solici-
torial District, that this matter should be consolidated
with 69-J-2 for hearing, findings and disposition and
said attorneys having further agreed that such consoli
dation is in no way prejudicial to said child and does
not violate the spirit or intent of Article 2, Chapter 110
of the General Statutes of North Carolina; and it ap
pearing to the Court, and the Court finding as a fact,
that on or about the 12 day of November, 1968, the
said child did, in the company of others go upon one of
the main traveled highways in Swan Quarter, North
Carolina, and did, while upon the paved portion of said
highway impede the flow of traffic and did remain upon
said traveled portion of the highway after vehicular
267
traffic had been stopped and that said acts constitute a
violation of GS 20-174.1, an act for which an adult may
be punished by law; and it further appearing to the
Court and the Court being satisfied and finding as a fact
that the said child is in need of the care, protection and
discipline of the State, and is in need of more suitable
guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED AND
DECREED that Trina Selby be, and she is hereby com
mitted to the custody of the Hyde County Department
of Public Welfare to be placed by said department in
a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in GS 134-91), after having first received notice from
the superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, not inconsistent with the laws of this State;
this commitment is suspended and said child placed upon
probation for 18 months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 18 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at her residence by 11:00 o’clock
P. M. each evening.
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 10 day of January, 1969.
,/s/ Hallett S. Ward
268
To the signing and entry of the foregoing judgments
the respondent juvenile object and except. EXCEPTION
#97.
APPEAL ENTRY
THE COURT: I presume you wish to appeal from
these orders also?
MR. FERGUSON: Yes, I wish to object to the sign
ing and entry of the Order and renew the motions and
objections I made in cases 69-J-17 through 69-J-24.
THE COURT: I will do the same in this group of
cases I did before, and will enter a copy of your appeal
entries here.
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 10,
1969, at a regularly calendared session of Juvenile Court
in Hyde County, North Carolina.
This the ____ day of _______________ , 1969.
,/s / Hallett S. W ard
Judge Presiding
SUMMARY AND EVIDENCE IN RE: ALONZO ED
WARD HOLLOWAY— 69-J-31
Pursuant to GS 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of the Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge, commissioned to hold sessions of
District Court in this State and within the Second Judi
cial District for a term of four years beginning Decem
ber 2, 1968, respectfully submits the following summari
zation of the evidence in the above listed Juvenile Hear
ing. Findings of fact are contained in the attached order.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 10,
1969, with the undersigned Judge presiding. The State
was represented by the Honorable Herbert Small, Solici
269
tor for the First Solicitorial District, and the juveniles
were represented by James E. Ferguson, II, Esq. The
Solicitor moved that the third paragraph of the Petition
in this case, 69-J-31, be amended. The attorney for the
juvenile objected. The objection was overruled and the
amendment allowed. (EXCEPTION #98) Upon the call
of the above enumerated matter for hearing and dis
position, the Court ordered the general public excluded
from the hearing room, stating that only officers of the
Court, the juvenile, his parent or guardian, and wit
nesses should be present for the hearing. The attorney
for the juvenile objected. Objection overruled. (EXCEP
TION #99) The child was accompanied by his step
mother.
The attorney for the juvenile moved to dismiss the
petition for the juvenile on the grounds that the juvenile
statutes, N. C. Gen. Stat. Section 110-21, et seq., under
which these cases are to be tried are unconstitutionally
vague and ovebroad and deprive the juveniles of equal
protection and due process of law. Motion denied. (EX
CEPTION #100)
Mr. Ferguson requested a jury trial. Request denied.
(EXCEPTION #101)
THE COURT: As I have advised previously, this is
a session of Juvenile Court and is not a criminal hearing.
This is why I have excluded the general public. I want
to read to you from our General Statutes that provide
in part as follows: that sessions of Juvenile Court shall
be held at such times and in such places within the
County as the Judge shall from time to time determine.
In the hearing of any case, the general public may be
excluded and only such persons admitted as have a di
rect interest in the case. Sessions of the Court shall not
be held in conjunction with any other business of the
Court, and children’s cases shall not be heard at the same
time as those against adults. The Court shall maintain
a full and complete record of all cases brought before it,
to be known as the Juvenile Record. All records may
be withheld from indiscriminate public inspection in the
discretion of the Court, but such record shall be open to
inspection by the parents, guardians, or other authorized
270
representatives of the child concerned. No adjudication
shall operate as a disqualification of any child for any
public office and no child shall be denominated a criminal
by reason of such adjudication, nor shall any such adjudi
cation be denominated a conviction. Our Supreme Court
has stated that the express intention of this statute is
that in all proceedings under its provisions, the Court
shall proceed upon the theory that a child under its ju
risdiction is the Ward of the State and is subject to the
discipline and entitled to the protection which the Court
should give such child under the circumstances disclosed
in the case. Moreover, any Order or Judgment made
by the Court in the case of any child should be subject
to such modification from time to time as the Court may
consider to be for the welfare of the child. In other
words, and to summarize, this is not a criminal case,
but is a hearing to determine whether this child is
delinquent and in need of the protection and guidance
of the State.
MR. SMALL CALLED SERGEANT WILLIE ROGERS
DIRECT EXAMINATION
I am Sergeant Willie Rogers, employed by the North
Carolina Highway Patrol. I had occasion to see Alonzo
Edward Holloway on November 22, 1968 while I was
on duty in Swan Quarter. It was shortly after Noon.
The defendant was in the company of twenty-three peo
ple, including himself. They were in the roadway of
Business 264 standing in the middle of the road reading
books in front of the Esso Station. That highway has
two paved lanes of travel, one east and one west. On
the south side of the highway there is no shoulder. That
is where the service station is. On the north shoulder
there is grass. It is narrow and now wide enough for
a vehicle to park or drive on. The group of tw7enty-three
was standing on the highway in the middle of the road,
not exactly in a straight line and not in the center of
the road. By their standing there they blocked traffic.
I’m not sure how long they remained standing on the
271
road but they were asked three times not to block traf
fic. Vehicles came up and stopped and we arrested them.
One vehicle from the west had to stop. I don’t remember
any from the east. It was not a patrol car and I don’t
recall what type of vehicle it was. The vehicle stopped
briefly— I would say three minutes or more. Sgt. Smith
and I approached the group and informed them that
they were under arrest for impeding the normal flow of
traffic. Other officers assisted us. The defendant wTas
there.
Q. What age or birth date did the defendant give
you at this time?
OBJECTION OVERRULED
A. On this occasion the defendant gave the age of
sixteen and a birth date of 9/15/52. His correct birth
date was checked at the Register of Deeds and shows
age fifteen and date of birth 9/13/53.
Q. Prior to this occasion had you seen the defendant
on any other occasion?
OBJECTION OVERRULED.
A. I had.
Q. Under what circumstances had you seen him?
OBJECTION OVERRULED (EXCEPTION #102)
A. I was in a group that arrested the defendant. I
believe it was on two other occasions. It was the second
time he gave us the false age. The last time he gave
us his correct age.
MR. FERGUSON: Motion to strike. MOTION DE
NIED. (EXCEPTION #103)
The first time I saw the defendant he was blocking
traffic.
CROSS EXAMINATION by James E. Ferguson, II:
I said they were not exactly standing in the middle of
the highway. They were scattered—back to back. They
took up the inside portion of both lanes. I would say
three feet or more from the center line. I don’t recall
whether more than one car approached from the west.
There may have been more. The car made an attempt
to go around the persons. When Sgt. Smith and I made
the arrest we took them on to the jail, including the Re
272
spondent. He was locked up and a regular warrant
drawn based on the fact that he gave us his age as he
did. He gave us his age as sixteen.
MR. SMALL: THE STATE RESTS.
MR. FERGUSON: Move to dismiss.
THE COURT: Motion denied. (EXCEPTION #104)
MR. FERGUSON: There will be no evidence for the
Respondents, and I renew my motion to dismiss.
THE COURT: Motion denied. (EXCEPTION #105)
ORDER FOR PROTECTION OF DELINQUENT (Alon
zo Edward Holloway, No. 69-J-31)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court for
the County of Hyde convened this 10th day of January,
1969; and the Court having determined that said child is
under sixteen (16) years of age and is a resident of
Hyde County, N. C.; and the Court having heretofore ex
plained to the child and to Margaret Holloway, his step
mother, the nature of this proceeding, as will appear in
the minutes; and said child being represented by James
E. Ferguson, II, Esq., attorney of record; and it appear
ing to the Court, and the Court finding as a fact that on
or about the 22nd day of November, 1968, the said child
did, in the company of others go upon and occupy a por
tion of one of the main highways in Swan Quarter, North
Carolina, and did thereby prevent the passage of vehicu
lar traffic, the said acts being intentionally done in wilful
disregard of the rights of others and in violation of GS
20-174.1, and being an act for which an adult may be
punished by law, and it further appearing to the Court
and the Court being satisfied and finding as a fact that
the said Alonzo Edward Holloway is in need of the care,
protection and discipline of the State and is in need of
more suitable guardianship and is a delinquent; and fur
ther appearing to the Court that heretofore on the 9th
day of January, 1969, at a regular session of Juvenile
Court in Hyde County, under Case No. 69-J-30, said child
273
was adjudged delinquent and the above findings corrobo
rate the findings made in Case No. 69-J-30; and the
Court being of the opinion that the Order entered in Case
No. 69-J-30 is proper. The Court hereby incorporates by
reference the Order entered in Case No. 69-J-30 herein
to make said Order a part of this proceeding as fully as
if set out herein.
This matter is retained pending further Order of the
Court.
This 10th day of January, 1969.
/ s / Hallett S. W ard
To the signing and entry of the foregoing judgments
the respondent juveniles object and except. (EXCEP
TION #106)
APPEAL ENTRY
THE COURT: I presume you wish to appeal from
these Orders also?
MR. FERGUSON: Yes, I wish to object to the sign
ing and entry of the Order and renew the Motions and
objections I made in Cases 69-J-17 through 69-J-24.
THE COURT: I will do the same in this case as I
did before and will enter a copy of your appeal entries
here.
The foregoing is respectfully submitted to be a sum
mary of the evidence and proceedings held January 10,
1969, at a regularly calendared session of Juvenile Court
in Hyde County, North Carolina.
This the 18th day of January, 1969.
/ s / Hallett S. Ward
Judge Presiding
274
GROUPING OF EXCEPTIONS AND ASSIGNMENTS
OF ERROR
I. The denial of the juveniles’ motions to dismiss the
petition based on the unconstitutionality of the North
Carolina Juvenile Statute, Gen. Stat. Section 110-21, et
seq., constituted prejudicial and reversible error in that
Chapter 110, Article 2 of the General Statutes of North
Carolina is void for vagueness and overbreadth and de
nies the juveniles their rights of equal protection and
due process of the law secured to them by the Fourteenth
Amendment of the Constitution of the United States and
Article I, of the Constitution of the State of North Caro
lina.
EXCEPTIONS NOS. 8 (R p 145), 13 (R p 152), 14
(R p 152), 15 (R p 167), 20 (R p 170), 28 and 29
(R pp 176), 30 (R p 195), 32 (R p 196), 42 and 43 (R
p 203), 44 (R p 217), 47 (R p 219), 58 (R p 227), 58A
(R p 252), 61 (R p 253), 65 and 66 (R p 258), 67 (R p
262), 68 (R p 264), 77 and 78 (R p 268), 79 (R p 270),
82 (R p 271), 84 (R p 274), 85 and 86 (R p 275), 89
(R p 278), 95 (R p 281), 100 (R p 286), 104 and 105
(R p 289), 106 (R pp 290-291)
II. The lower court’s denial of the juveniles’ motions
for a trial by jury violated their right to a trial by jury
secured to them by the Sixth and Fourteenth Amend
ments to the Constitution of the United States and Ar
ticle I, Sections 13 and 17 of the Constitution of the State
of North Carolina.
EXCEPTIONS NOS. 4 (R p 145), 15 (R p 167) 21
(R p 170), 80 (R p 195), 44 (R p 217), 48 (R p 219),
58 (R p 227), 58A (R p 252), 62 (R p 253), 67 (R p
262), 69 (R p 264), 79 (R p 270), 83 (R p 271), 86 (R p
275), 90 (R p 278), 97 (R p 285), 101 (R p 286), 106
(R pp 290-291).
III. The exclusion of the public from the hearing room
violated the juveniles’ right to a public trial guaranteed
by the Sixth and Fourteenth Amendments to the Consti
tution of the United States and Article I, Sections 17 and
35 of the Constitution of the State of North Carolina.
EXCEPTIONS NOS. 2 (R p 145), 19 (R p 169) 46
(R p 219), 58A (R p 227), 60 (R p 253), 81 (R p 271)
88 (R p 278), 99 (R p 286).
275
IV. The trial court erred by allowing the Solicitor to
amend the petitions at the hearing in that each petition,
as amended, was vague and ambiguous, apparently
charged more than one offense, and failed to adequately
inform the juvenile of the charges against him in viola
tion of his right to be informed of the charges against
him and to have an opportunity to defend against the
charges, these rights being secured to him by the Sixth
Amendment and the due process and equal protection
clauses of the Fourteenth Amendment to the Constitu
tion of the United States and Article I, Sections 11 and
17 of the Constitution of the State of North Carolina.
EXCEPTIONS NOS. 1 (R p 145), 15 (R p 167), 18
(R p 169), 30 (R p 195), 31 (R p 196), 44 (R p 217),
45 (R p 219), 58 (R p 227), 59 (R p 253), 67 (R p 262),
79 (R p 270), 80 (R p 271), 86 (R p 275),87 (R p 278),
97 (R p 285), 98 (R p 286), 106 (R pp 290-291).
V. The trial court erred by admitting into evidence
the testimony of police officers concerning prior arrests of
the juvenile respondents and prior participation in dem
onstrations on the part of the juveniles.
EXCEPTIONS NOS. 5 (R p 148), 6 (R p 149), 17
(R p 168), 26 and 27 (R p 176), 33 (R p 33, 34. 35, 36,
37 (R p 200), 38, 39, 40 (R p 201), 41 (R p 203), 56
(R p 226), 57 (R p 227), 63 (R p 257), 64 (R p 258),
92, 93, 94 (R p 280), 102, 103 (R p 289).
VI. The trial court erred by admitting into evidence
testimony relating to singing, shouting and clapping of
hands on the part of the juveniles and other persons and
the conduct of the juveniles and other persons which was
totally unrelated to the offense with which the juvenile
respondents were charged, said testimony being totally
irrelevant, incompetent, immaterial, inflammatory and
prejudicial.
EXCEPTIONS NOS. 7, 8, 9, 10 (R p 150), 12 (R p
151), 22, 23 (R p 151), 24, 25 (R p 173), 38 (R p 201),
49, 50, 51, 52, 53, 54 (R p 223), 55 (R p 224), 57 (R p
227), 70, 71, 72 (R p 266), 73, 74 (R p 267), 75, 76
(R p 268), 91 (R p 279).
VII. The trial court erred in denying the juvenile re
spondents’ request to proceed on appeal in forma pau
276
peris, and by refusing to allow the parents or persons in
loco parentis to the juveniles to make a sworn statement
of indigency.
EXCEPTIONS NOS. 16 (R p 167), 17 (R p 168).
JUDGMENT UPON PETITION FOR CERTIORARI IN
N. C. COURT OF APPEALS (#69SC19PC)
This matter came on to be considered upon a petition
for Writ of Certiorari filed by the Attorney General of
the State of North Carolina in behalf of the Chief Dis
trict Court Judge of the Second Judicial District for an
extension of time, and same was considered by the Court
of Appeals in a conference to whom it appeared that the
said petition for extension of time to summarize and file
the evidence and findings of fact in each of the causes
filed in this petition should be allowed;
NOW, THEREFORE, it is ordered that the Chief
Judge of the District Court for the Second Judicial Dis
trict is allowed until January 31, 1969, to file the sum
mary of evidence and findings of fact in the above-en
titled causes with the Clerk of Hyde County.
IT IS FURTHER ORDERED that the record on ap
peal in these cases must be docketed by the appellant by
10:00 o’clock A.M. on April 1, 1969, and that thereafter
the appellant’s brief is to be filed in the Clerk of Court’s
office by Noon of April 8, 1969, and appellee’s brief to
be filed by Noon of April 18, 1969. These cases are to be
heard in the Court of Appeals as calendared on April 29,
1969 or thereafter, this being the proper date for the call
of the calendar for the Second Judicial District. The case
on appeal shall be served by the appellants as provided
by law on or before Noon of March 7, 1969, and the ap
pellees are given ten (10) days thereafter in which to
file exception or serve a counter-case. The Judge of the
District Court is allowed ten (10) days thereafter in
which to settle the case on appeal should same become
277
necessary; and that it be so certified to the Clerk of
Superior Court of Hyde County, North Carolina.
Witness my hand and official seal this the 30th day of
January, 1969.
/ s / Theodore C. Brown, Jr.
Clerk of the Court
of Appeals
ACCEPTANCE OF SERVICE
Service of the foregoing and within case accepted in apt
time.
This the 7th day of March, 1969.
/&/ Herbert Small
Solicitor
STIPULATION OF COUNSEL
The undersigned attorneys for both the State and the
defendant stipulate that the foregoing is a true and cor
rect copy of the transcript of the record and evidence in
this case.
/ s / Herbert Small
Solicitor
Chambers, Stein, Ferguson
& Lanning
By ---------------------------------------------
Attorneys for Defendant
(TRANSCRIPT CERTIFIED BY CLERK
SUPERIOR COURT)
A TRUE COPY
/s / Adrian J. Newton
Clerk of Supreme Court of North Carolina
[SEAL]
278
NORTH CAROLINA COURT OF APPEALS
SECOND DISTRICT
Spring Session, 1969
Fall Term 1969 #15— Fall 1969 #35 PC
No. 692DC300
From Hyde
In Re : Selma Shelton (69-J-32)
John Green Cunningham (69-J-33)
Before Ward, J., January 1969 Juvenile Session Dis
trict Court, Hyde Division of the General Court of Jus
tice. Defendants appealed. (Filed C. A. 4-24-69)
JUVENILE PETITION (Shelton)
File #69-J-32
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Selma Shelton
Age 12
Rt. 1, Swan Quarter, N. C.
Sgt. Willie Rogers, Petitioner, having sufficient knowl
edge or information to believe that the child named above
(whether one or more) is in need of the care, protection
or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction
of the District Court for this County at the address
shown above.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
279
Name Relation Address
Beadie Spencer Mother Rt. 1, Swan Quarter,
N.C.
Otis Spencer Father Rt. 1, Swan Quarter,
N.C,
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 14, 1968, stand
upon the highway or street in such a manner as to im
pede the regular flow of traffic, in violation of GS 20-
174.1.
Petitioner, therefore, prays the court to hear and deter
mine this case, and, if need be found, to give said child
such oversight and control as will promote the welfare of
such child and the best interest of the State.
This 15th day of January, 1969.
/ s / Sgt. W illie Rogers
Petitioner
S.H.P. Williamston, N. C.
Address
JUVENILE SUMMONS (Shelton)
File #69-J-32
In the General Court of Justice
District Court Division
STATE OF NORTPI CAROLINA
COUNTY OF HYDE
In the Matter of
Selma Shelton
Age 12
Rt. 1, Swan Quarter, N. C.
TO: Beadie Spencer Rt. 1, Swan Quarter, N. C.
Otis Spencer Rt. 1, Swan Quarter, N. C.
Child, Parents, Other
person having custody Addresses
280
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court presid
ing at a session to be held in Swan Quarter, North Caro
lina, at 9:30 o’clock A. M., on the 21st day of January,
1969, For action by the court on the Petition alleging
delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON
at such time and place and show cause why the child or
children named above should not be dealt with according
to the provisions of the North Carolina juvenile law, and
if you fail without reasonable cause to appear and abide
the order of the court, you may be proceeded against as
for contempt of court.
The Sheriff of the County named above, o r ________
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the per
sons summoned.
This 15th day of January, 1969.
/ s / Lenora R. Bright
Asst. Clerk of the
Superior Court
RETURN
Received: Jan. 17, 1969
Served: Jan. 17, 1969, by reading to and leaving copies
of the foregoing Juvenile Summons with: Otis Spencer,
Beadie Spencer
/s / Dennis W. Simmons, D.S.
ORDER AMENDING JUVENILE PETITIONS
(Shelton)
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 21st day of January, 1969,
prior to any other proceeding in the case, on motion of
the Solicitor for the State it is ordered that Paragraph
281
#3 of the Juvenile Petition be amended to read as fol
lows:
“ That the facts and circumstances supporting this Peti
tion for Court action as follows:
That at and in the County named above or on about
Nov. 14, 1968, the defendant above named did intention
ally, unlawfully, and willfully stand upon the traveled
part or portion of a State highway and street passing
through and traversing the community of Swan Quarter
and did willfully, intentionally and unlawfully stand
upon that portion of said highway and street used by
the traveling public in the operation of automobiles,
trucks and other motor vehicles in such a way and man
ner as to cause said motor vehicles being operated upon
the traveled portion of said street and highway to stop
and cease their traveling or operation and in some cases
caused said motor vehicles and the operators of same to
be detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of travel
ing, all in such a way and manner as to obstruct, hinder,
impair and stop the progress of said motor vehicles and
their operators and to impede the regular flow and nor
mal traffic of said motor vehicles and their operators upon
said highway and street, contrary to the statute in such
cases made and provided, the same being section 20-174.1
of the General Statutes of North Carolina, and against
the peace and dignity of the State.
/ s / Hallett S. W ard
District Judge
JUVENILE PETITION (Cunningham)
File #69-J-33
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
John Green Cunningham
Age 15
Rt. 1, Box 149A,
Engelhard, N. C.
Sgt. Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
1. That said child is less than sixteen years of age,
and is now residing within the territorial jurisdiction of
the District Court for this County at the address shown.
2. That the names of the parents, and of the person
having the guardianship, custody or supervision of said
child if other than a parent, are as follows:
Name Relation Address
Ruth Cunningham Mother Rt. 1, Box 149A,
Engelhard, N.C.
John Cunningham Father Rt. 1, Box 149A,
Engelhard, N.C.
3. That the facts and circumstances supporting this
Petition for court action are as follows:
Did unlawful and wilfully on November 12, 1968,
stand upon the highway or street in such a manner as to
impede the regular flow of traffic, in violation of G.S.
20-174.1.
Petitioner, therefore, prays the court to hear and de
termine this case, and, if need be found, to give said
child such oversight and control as will promote the wel
fare of such child and the best interest of the State.
This 15th day of January, 1969.
/ s / Charles Smith
Petitioner
S.H.P. Washington, N. C.
Address
282
283
JUVENILE SUMMONS (Cunningham)
File #69-J-33
In the General Court of Justice
District Court Division
STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
John Green Cunningham
Age 15
Rt. 1, Box 149A,
Engelhard, N. C.
TO: Ruth Cunningham
John Cunningham
Child, Parents, Other
Person having Custody
YOU ARE SUMMONED TO A HEARING in the
above case before the Judge of the District Court pre
siding at a session to be held in Swan Quarter, North
Carolina, at 9:30 o’clock A.M., on the 21st day of Janu
ary, 1969, for action by the court on the Petition, alleg
ing Delinquency.
YOU ARE REQUIRED TO APPEAR IN PERSON at
such time and place and show cause why the child or
children named above should not be deal with according
to the provisions of the North Carolina juvenile law,
and if you fail without reasonable cause to appear and
abide the order of the court, you may be proceeded
against as for contempt of court.
The Sheriff of the County named above, o r ___________,
is hereby directed to serve this Summons by reading the
Summons to and leaving true copies thereof with the
persons summoned.
This 15th day of January, 1969.
/ s / Lenora R. Bright
Asst. Clerk of the
Superior Court
Rt. 1, Box 149A
Engelhard, N. C.
Rt. 1, Box 149A
Engelhard, N. C.
Addresses
284
RETURN
Received: Jan. 17, 1969
Served: Jan. 17, 1969, by reading to and leaving copies
of the foregoing Juvenile Summons with Ruth Cun
ningham
/s / Dewey W. Simmons, D.S.
ORDER AMENDING JUVENILE PETITIONS
(Cunningham)
The above captioned case being called at the term of
District Court of Hyde County called for the trial of
Juvenile cases and held on the 21st day of January,
1969, prior to any other proceedings in the case, on mo
tion of the Solicitor for the State it is ordered that
Paragraph # 3 of the Juvenile Petition be amended to-
read as follows:
“ That the facts and circumstances supporting this
Petition for Court action as follows:
That at and in the County named above on or about
Nov. 12, 1968, the defendant above named did inten
tionally, unlawfully, and willfully stand upon the trav
eled part or portion of a State highway and street pass
ing through and traversing the community of Swan
Quarter and did willfully, intentionally and unlawfully
stand upon that portion of said highway and street used
by the traveling public in the the operation of automo
biles, trucks and other motor vehicles in such a way
and manner as to cause said motor vehicles being oper
ated upon the traveled portion of said street and high
way to stop and cease their traveling or operation and
in some cases caused said motor vehicles and the oper
ators of same to be detained, stop and cease operation
and to force same, in some cases, to seek detours or
other methods of traveling, all in such a way and manner
as to obstruct, hinder, impair and stop the progress of
said motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor vehicles
285
and their operators upon said highway and street, ĉon
trary to the statute in such cases made and provided,
the same being Section 20-174.1 of the General Statutes
of North Carolina, and against the peace and dignity of
the State.
/s./ Hallett S. W ard
District Judge
SUMMARY OF EVIDENCE
IN RE: SELMA SHELTON, 69-J-32
Pursuant to G. S. 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge commissioned to hold sessions of
District Court in this State and within the Second Judi
cial District for a term of four years, beginning Decem
ber 2, 1968, respectfully submits the following summari
zation of the evidence in the above listed Juvenile Hear
ings. Findings of fact are contained in the attached
Order.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 21, 1969,
with the undersigned Judge presiding. The State was
represented by the Honorable William C. Griffin, Jr.,
Solicitor for the Second Judicial District and the juve
nile was represented by John H. Harmon, Esq. The
Solicitor moved that the third paragraph of the Petition
in this case, 69-J-32, be amended. There was no objec
tion to the amendment by the Attorney for the juvenile.
The amendment was allowed. Upon the call of the above
matter for hearing and disposition, the Court ordered
the general public excluded from the hearing room, stat
ing that only officers of the Court, the juvenile, and her
parents or guardians, and the witnesses should be pres
ent for the hearing. The juvenile was accompanied by
her mother and step-father.
286
The attorney for the juvenile moved to dismiss the
petition for the juvenile on the grounds that the juvenile
statutes, N. C. Gen. Stat. Section 110-21, et seq., under
which these cases are to be tried are unconstitutionally
broad and vague, and deprive the juvenile of equal pro
tection and due process of law. Motion denied. EXCEP
TION 1.
Mr. Harmon requested trial by jury. Motion denied.
EXCEPTION # 2
THE COURT: This is not a criminal trial, but a
juvenile hearing, and I want to read you the following:
Our statutes provide in part that sessions of Juvenile
Court shall be held at such times and in such places with
in the County as the Judge shall from time to time
determine.
In the hearing of any case, the general public may
be excluded and only such persons admitted as have a
direct interest in the case. Sessions of the Court shall
not be held in conjunction with any other business of
the Court and children’s cases shall not be heard at the
same time as those against adults. The Court shall main
tain a full and complete record of all cases brought be
fore it, to be known as the Juvenile Record. All records
may be withheld from indiscriminate public inspection
at the discretion of the Court, but such record shall be
open to inspection by the parents, guardians, or other
authorized representatives of the child concerned. No
adjudication shall operate as a disqualification of any
child for any public office and no child shall be denomi
nated a criminal by reason of such adjudication, nor shall
any such adjudication be denominated a conviction. Our
Supreme Court has stated that the express intention of
this Statute is that in all proceedings under its provi
sions, the Court shall proceed upon the theory that a
child under its jurisdiction is the ward of the State and
is subject to the discipline and entitled to the protection
which the Court should give such child under the cir
cumstances disclosed in the case. Moreover, any Order
or Judgment made by the Court in the case of any child
should be subject to such modification from time to time
as the Court may consider to be for the welfare of the
287
child. In other words, and to summarize, this is not a
criminal case, but is a hearing to determine whether this
child is delinquent and in need of the protection and
guidance of the State.
Mr. Griffin called SGT. WILLIE ROGERS
DIRECT EXAMINATION
I am Sgt. Willie Rogers, employed by the North Caro
lina Highway Patrol. I was in Swan Quarter on No
vember 14, 1968, and at that time saw Selma Shelton.
When I first saw her she was in a group marching to
wards Swan Quarter. The group was just east of the
courthouse on Business 264 marching in a column of
two’s on the left-hand shoulder facing traffic. At this
time the group was in a very orderly fashion. As the
group approached the intersection of 264 and the Oyster
Creek Landing Road the group got in the intersection of
the highway and began playing basketball, tossing the
ball back and forth. When they first went onto the high
way there was no traffic in either direction. We advised
the group to get off the road, that if they impeded traf
fic they would be arrested. I was with Sgt. Smith. I
don’t remember whether we used a horn to speak to the
group or not. The first vehicle to approach was a 1964
or 1965 model Chevrolet heading in a westerly direction.
This vehicle stopped in the right-hand lane. Moments later
a vehicle came from the west headed east and stopped
about fifty feet wrom the intersection. We advised them
to get out of the street, I was in the street at this time
myself. They were still playing basketball, tl struck me
once or twice. We advised them that they were under
arrest. Selma Shelton advised us at that time that she
was sixteen. It was later found that she was fifteen.
There were twenty-three females and eleven males. I
can positively identify Selma Shelton as being among the
group on the traveled portion of the highway. On this
particular occasion there was a pick-up truck parked on
the shoulder and no traffic could come through from
either direction. The photograph you show me shows
288
the scene as I have described it and depicts the location
of the juvenile.
THE STATE: I would like to offer this into evidence
as illustrating the testimony of the officer.
No objection.
You can see the defendant in this picture. The truck
blocking the shoulder of the highway is also shown. The
truck is legally parked and shows that traffic could not
have gotten by on the shoulder. Traffic passing on the
south side would have gone into the station yard. They
were playing basketball. I later determined the defend
ant was under sixteen. The whole transaction took place
in five or ten minutes, not over ten. When I say five or
ten minutes that is in reference to the actual time the
traffic was blocked. I don’t think the group was in the
roadway over ten minutes.
CROSS EXAMINATION by John H. Harmon
I don’t recall if Selma Shelton actually handled the
basketball or not. All the people were not playing basket
ball at once. They were throwing the ball back and forth.
Various ones were handling it.
REDIRECT EXAMINATION by Mr. Griffin
The time was approximately Noon-12:05 p.m.
MR. GRIFFIN: The State Rests.
MR. HARMON: Motion to dismiss
THE COURT: Motion denied. EXCEPTION # 3
MR. HARMON: There will be no evidence for the
juveniles and we renew our Motion to dismiss.
THE COURT: Motion denied. EXCEPTION # 4
ORDER OF CUSTODY (Shelton)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 21st day of Janu
ary, 1969; and the Court having determined that said
289
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Otis Spencer, her
step-father, and Beadie Spencer, her mother, the nature
of this proceeding, as will appear in the Minutes; and
the said child being represented by John H. Harmon,
Esq., Attorney of record; and the State being repre
sented by Mr. William C. Griffin, Jr., and it appearing
to the Court and the Court finding as a fact that on the
14th day of November 1968, the said child, in the com
pany of other did go upon the traveled portion of one
of the main highways in Swan Quarter, North Carolina,
and did thereby block and impede the normal flow of
traffic, said acts having been intentionally done and for
the purpose of blocking and impeding traffic and said
acts constituting a violation of G.S. 20-174.1, an act for
which an adult may be punished by law; and it further
appearing to the Court and the Court being satisfied
and finding as a fact that the Juvenile is in need of the
care, protection and discipline of the State, and is in
need of more suitable guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED AND
DECREED that Selma Shelton be, and she is hereby
committed to the custody of the Hyde County Depart
ment of Public Welfare to be placed by said department
in a suitable institution maintained by the State for the
care of delinquents (as said institutions are enumerated
in G, S, 134-91), after having first received notice from
the Superintendent of said institution that such person
can be received, and held by said institution for no defi
nite term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution may
determine, consistent with the laws of this State; this
commitment is suspended and said child placed upon pro
bation for twelve months, under these special conditions
of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
290
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at his residence by 11:00 P. M.
each evening;
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 21st day of January, 1969.
,/s / Hallett S. W ard
Judge
To the entry of the foregoing judgment, the respondent
juvenile objects and excepts. EXCEPTION # 5
APPEAL ENTRY (Shelton)
THE COURT: I presume you will appeal and I sug
gest that you dictate your own appeal entries.
MR. HARMON: I will use the same appeal entries
as were used by Mr. Ferguson: The Respondent and her
parents or guardians moves the Court for leave to pro
ceed on the appeal in forma pauperis, alleging that the
Respondent and her parents are indigent and unable to
pay cost of appeal, and requests that the State bear the
expense of the cost of transcript. The juvenile is given
60 days within which to make up and serve her case on
appeal upon the State. The State is allowed 30 days
therefrom to make up and serve countercase or excep
tions. The time for docketing the case is hereby extended
ten days beyond the 90-day statutory period.
The foregoing, executed in duplicate original, is re
spectfully submitted to be a summary of evidence and
proceedings heard January 21, 1969, at a regularly cal
291
endared session of Juvenile Court in Hyde County. This
summary is this day mailed to the Clerk of the Court
of Appeals and the Clerk of Superior Court in Hyde
County.
This 30th day of January, 1969.
/s / Hallett S. Ward
Judge
After the hearing and disposition of this matter and
the hearing and disposition of the matter entitled 69-J-33,
which constituted all the hearings calendared for Janu
ary 21, 1969, Mr. Harmon offered the attached Affidavit
in support of his previous request that the court find
that said Juvenile is indigent and order the expense of
printing the record and briefs on appeal be paid by Hyde
County. Mr. Harmon stated that he would submit ap
propriate orders, but no such orders were submitted.
The Court advised Mr. Harmon that any memorandum
of law would be appreciated. None was received.
The Court is of the opinion that while there is statu
tory authorization for the appointment of counsel for
indigent juveniles there is no authority authorizing the
Court to order the expense of printing the record and
briefs to be paid by a county. Therefore, the Court has
not undertaken to determine whether or not this juvenile
is indigent. This portion of the summarization of evi
dence and findings of fact was not made until the date
of mailing to Raleigh and Sŵ an Quarter.
292
SUMMARY OF EVIDENCE
IN RE: JOHN GREEN CUNNINGHAM, 69-J-33
Pursuant to G. S. 7A-195 of the General Statutes of
North Carolina and Rule 19 (g) of Rules of Practice
in the Court of Appeals of North Carolina, the under
signed District Judge, commissioned to hold sessions of
District Court in this State and within the Second Judi
cial District for a term of four years, beginning Decem
ber 2, 1968, respectfully submits the following summari
zation of the evidence in the above listed Juvenile Hear
ing. Findings of Fact are contained in the attached
Order.
A regularly calendared session of Juvenile Court for
the County of Hyde was duly convened January 21,
1969, with the undersigned Judge presiding. The State
was represented by the Honorable William C. Griffin, Jr.,
Solicitor for the Second Solicitorial District and the juve
nile was represented by John H. Harmon, Esq. The
Solicitor moved that the third paragraph of the Petition
in this case, 69-J-33, be amended. There was no objec
tion to the amendment by the attorney for the juvenile.
The amendment was allowed. Upon the call of the above
matter for hearing and disposition, the Court ordered
the general public excluded from the hearing room, stat
ing that only officers of the Court, the juveniles and his
parents or guardians, and witnesses should be present
for the hearing. The juvenile was accompanied by his
mother.
The attorney for the juvenile moved to dismiss the
petition for the juvenile on the grounds that the juve
nile statutes, N. C. Gen. Stat. Section 110-21, et seq.,
under which these cases are to be tried are unconstitu
tionally vague and overbroad, and deprive the juvenile
of equal protection and due process of law. Motion de
nied. EXCEPTION # 6
Mr. Harmon requested trial by jury. Motion denied.
EXCEPTION #7.
THE COURT: This is not a criminal trial, but a
juvenile hearing and I want to read you the following:
298
Our statutes provide in part that sessions of Juvenile
Court shall be held at such times and in such places
within the County as the Judge shall from time to time
determine.
In the hearing of any case, the general public may
be excluded and only such persons admitted as have a
direct interest in the case. Sessions of the Court shall
not be held in conjunction with any other business of
the Court and children’s cases shall not be heard at the
same time as those against adults. The Court shall main
tain a full and complete record of all cases brought be
fore it, to be known as the Juvenile Record. All records
may be withheld from indiscriminate public inspection
in the discretion of the Court, but such record shall be
open to inspection by the parents, guardians, or other-
authorized representatives of the child concerned. No ad
judication shall operate as a disqualification of any child
from public office and no child shall be denominated a
criminal by reason of such adjudication, nor shall any
such adjudication be denominated a conviction. Our Su
preme Court has stated that the express intention of
this Statute is that in all proceedings under its provi
sions, the Court shall proceed upon the theory that a
child under its jurisdiction is the ward of the State and
is subject to the discipline and entitled to the protection
which the Court should give such child under the cir
cumstances disclosed in the case. Moreover, any Order
or Judgment made by the Court in the case of any child
should be subject to such modification from time to time
as the Court may consider to be for the welfare of the
child. In other words, and to summarize, this is not a
criminal case, but is a hearing to determine whether this
child is delinquent and in need of the protection and
guidance of the State.
Mr. Griffin called SGT. CHARLIE SMITH
DIRECT EXAMINATION
I am Sgt. Charlie Smith, employed by the North Caro
lina Highway Patrol. I was in Hyde County on Novem
ber 12, 1968, and had an opportunity to see John Green
294
Cunningham. I first saw him east of the courthouse on
264 Bypass. That was just after lunch. There were
twenty-six people apprehended and several who were not
taken into custody. When I first observed the group
they were walking into the highway and made a circle
holding hands. They were moved off the highway more
than one time by a squad of troopers. Each time they
came back on. As soon as they were blocking traffic on
both lanes they were arrested. They were asked to move
before they were arrested. Traffic was actually blocked
at least one from each direction. John Green Cunning
ham was among the group on the hard surface portion
of the highway at the same time traffic was blocked.
The arrests were made after the group was asked to
move from the highway. This incident continued more
than ten minutes from the time they first walked on the
surface until the arrests were made. After the arrest
they were brought back to the courthouse to be processed.
I mean by this getting their names, addresses, and ages.
John Green Cunningham was among the group. He gave
his age as sixteen. At the time of the arrest both lanes
of the traveled portion of the highway were blocked. A
number of people there were not arrested. They were
not arrested because they were not blocking traffic. They
were on the shoulder of the highway. Only those on the
traveled portion of the highway were arrested. I can
positively identify John Green Cunningham as being one
on the traveled portion of the highway prior to the arrest.
CROSS EXAMINATION by Mr. John H. Harmon
They were on the traveled portion of the road about
ten minutes. I can’t tell whether John Green Cunning
ham left the highway. No one left the highway until
the troopers formed a line and marched towards them.
This was done two or three times and then we arrested
them. I can positively identify John Green Cunningham
as being one of those on the highway. All he was doing
was standing on the highway. Some of them were chant
ing and singing and clapping their hands. None of them
were unruly.
295
REDIRECT EXAMINATION by Mr. Griffin
They were asked to move; they were told to move;
then I moved the squad in and marched the squad of
the highway and moved towards them and moved them
off either two or three times. There was traffic in both
lanes of the highway. Traffic was stopped.
MR. GRIFFIN: The State Rests.
MR. HARMON: Motion to dismiss
THE STATE: Motion denied. EXCEPTION # 8 _
MR. HARMON: There is no evidence for the juvenile
and I renew" my motion to dismiss.
THE STATE: Motion denied. EXCEPTION # 9
ORDER OF CUSTODY (Cunningham)
This matter, coming on to be heard, and being heard
at this regularly calendared session of Juvenile Court
for the County of Hyde convened this 21st day of Janu
ary, 1969; and the Court having determined that said
child is under sixteen (16) years of age and is a resi
dent of Hyde County, N. C.; and the Court having here
tofore explained to the child and to Ruth Cunningham,
his mother, the nature of this proceeding, as will appeal
in the Minutes; and the said child being represented by
John H. Harmon, Esq., attorney of record; and the State
being represented by Mr. William C. Griffin, Jr., and it
appearing to the Court and the Court finding as a fact
that on the 12th day of November, 1968, the said child,
in the company of others did go upon one of the main
traveled highways of Hyde County, North Carolina, and
did remain upon said traveled portion of said highway
after being requested to remove therefrom and did by
standing in said highway impede the normal flow of
traffic and did thereby prevent vehicles from traveling
upon said highway, said acts having been willfully done
and done with the intention of impeding the normal
flow7 of traffic and the said acts constitute a violation of
G. S. 20-174.1, an act for which an adult may be pun
ished by law; and it further appearing to the Court
296
and the Court being satisfied and finding as a fact that
the Juvenile is in need of the care, protection and dis
cipline of the State, and is in need of more suitable
guardianship and is delinquent;
It is now, therefore, ORDERED, ADJUDGED AND
DECREED that John Green Cunningham be, and he is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the
State for the care of delinquents (as said institutions are
enumerated in G. S. 134-91), after having first received
notice from the superintendent of said institution that
such person can be received, and held by said institution
for no definite term but until such time as the Board
of Juvenile Correction or the Superintendent of said
institution may determine, consistent with the laws of
this State; this commitment is suspended and said child
placed upon probation for twelve months, under these
special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months;
2. That said child report to the Director of the Hyde
County Public Welfare Department, or his designated
agent, at least once each month at a time and place
designated by said Director;
3. That said child be at his residence by 11:00 P. M.
each evening;
4. That said child attend some school, public or pri
vate, or some institution offering training approved by
the Hyde County Director of Public Welfare.
This matter is retained pending further order of the
Court.
This 21st day of January, 1969.
,/s/ Hallett S. Ward
Judge
297
To the entry of the foregoing judgment the respondent
juvenile objects and excepts. EXCEPTION #10
APPEAL ENTRY (Cunningham)
THE COURT: I presume you will appeal and I sug
gest that you dictate your own appeal entries.
MR. HARMON: I will use the same appeal entries
as were, used by Mr. Ferguson: The Respondent and her
parents or guardians move the Court for leave to pro
ceed on the appeal in forma pauperis alleging that the
Respondent and her parents are indigent and unable to
pay cost of appeal, and requests that the State bear the
expense of the cost of transcript.
The juvenile is given 60 days within which to make
up and serve her case on appeal upon the State. The
State is allowed 30 days therefrom to make up and serve
countercase or exceptions. The time for docketing the
case is hereby extended ten days beyond the 90-day stat
utory period.
After the hearing and disposition of this matter and
the hearing and disposition of the matter entitled 69-J-32,
which constituted all the hearings calendared for Janu
ary 21, 1969, Mr. Harmon offered the attached Affidavit
in support of his previous request that the Court find
that said juvenile is indigent and order the expense of
printing the record and briefs on appeal be paid by Hyde
County. Mr. Harmon stated that he would submit ap
propriate orders, but no such orders were submitted. The
Court advised Mr. Harmon that any memorandum of law
would be appreciated. None was received.
The Court is of the opinion that while there is statu
tory authorization for the appointment of counsel for
indigent juveniles there is no authority authorizing the
court to order the expense of printing the record and
briefs to be paid by a county. Therefore, the court has
not undertaken to determine whether or not this juvenile
is indigent. This portion of the summarization of evi
dence and findings of fact was not made until the date
of mailing to Raleigh and Swan Quarter.
298
The foregoing, executed in duplicate original, is re
spectfully submitted to be a summary of evidence and
proceedings heard January 21, 1969, at a regularly cal
endared session of Juvenile Court in Hyde County. This
summary is this day mailed to the Clerk of the Court of
Appeals and the Clerk of Superior Court of Hyde County.
This 30th day of January, 1969.
,/s / Hallett S. Ward
Judge
GROUPING OF EXCEPTIONS AND ASSIGNMENTS
OF ERROR.
I. The denial of the juveniles’ motions to dismiss the
petition based on the unconstitutionality of the North
Carolina Juvenile Statute, Gen. Stat. Section 110.21, et
seq., constituted prejudicial and reversible error in that
Chapter 110, Article 2 of the General Statutes of North
Carolina is void for vagueness and overbreadth and de
nies the juveniles their rights of equal protection and
due process of the law secured to them by the Fourteenth
Amendment of the Constitution of the United States,
and Article I, Section 17 of the Constitution of the State
of North Carolina.
(EXCEPTIONS Nos. 1, 3, 4, 5, 6, 8, 9, and 10, R pp
9, 12, 14, 16, 19, and 21)
II. The lower court’s denial of the juveniles’ motion
for a trial by jury violated their right to a trial by jury
secured to them by the Sixth and Fourteenth Amend
ments to the Constitution of the United States and Arti
cle I, Sections 13 and 17 of the Constitution of the State
of North Carolina.
(EXCEPTIONS Nos. 2 and 7, R pp 9, 17)
ACCEPTANCE OF SERVICE
Service of the foregoing and within case accepted in
apt time. This the 31 day of March, 1969.
,/s / W illiam C. Griffin, Jr.
Solicitor
299
STIPULATION OF COUNSEL
The undersigned attorneys for both the State and the
defendants stipulate that the foregoing is a true and
correct copy of the transcript of the record and evidence
in this case.
,/s/ W illiam C. Griffin, Jr.
Solicitor
Chambers, Stein,
Ferguson & Lanning
By: James C. Ferguson, II
Attorneys for Defendant
(TRANSCRIPT CERTIFIED BY
CLERK SUPERIOR COURT)
A T r u e C o p y :
/ s / Adrian J. Newton
Clerk of Supreme Court of North Carolina
[SEAL]
SUPREME COURT OF NORTH CAROLINA
SECOND DISTRICT
Fall Term 1969
No. 15
300
From Hyde
In Re : Barbara Burrus, Sara W hitney, Darlene
McCoy, Nina W hitney, Dorene Harris, Patricia
Collins, Dollie Gibbs, Maria Harris, Julia A nna
Collins, Cherlyn W hitney, Catherine Gibbs, Debo
rah A nn Collins, Maria Harris, Eddie W hitley,
A lonzo Edward Holloway, Evelyn Evangeline
Gibbs, Rose Mary Collins, Debra Collins, Cath
erine Gibbs, Julie A nna Collins, Sudie Bell Mc-
Cullor, Barbara Burrus, W illiam Blount, Nekola
Green, Sharon Harris, Sarah A nnette W hitney,
W alter A nthony Green, Dessie Harris, Evelyn
Gibbs, Ronnie Lee Topping, Tyrone Dudley, The
resa Blount, Linda Sue Gibbs, Patricia Collins,
Donald W hite, W ilma Joyce W hitaker, James
Lamberth Howard, Rose Mary W hitney, Cherlyn
D. W hitney, Trina Selby, A lonzo Edward Hollo
way
NOTICE OF APPEAL
NOTICE OF APPEAL (Filed 6-9-69)
TO: The North Carolina Court of Appeals,
Raleigh, North Carolina
The North Carolina Supreme Court
Raleigh, North Carolina
The Honorable Robert Morgan
Attorney General
Raleigh, North Carolina
Please take notice that the respondents-appellants in
the above captioned case, by and through their under
301
signed counsel, pursuant to North Carolina General Stat
ute 7A-30(1) hereby give notice of appeal of the deci
sion in the above captioned case, filed by the North
Carolina Court of Appeals on May 28, 1969.
As grounds for this appeal, respondent juveniles allege
that their rights under the Constitution of the United
States and the Constitution of the State of North Caro
lina have been violated in the following particulars:
1. Respondent-juveniles’ rights secured to them by the
Sixth and Fourteenth Amendments to the Constitution
of the United States and Article I, Sections 13 and 17
of the Constitution of the State of North Carolina have
been violated in that the Juvenile Court denied their
motions for a trial by jury. The decision of the North
Carolina Court of Appeals affirming this action of the
Juvenile Court is erroneous as a matter of law.
2. The respondent juveniles’ rights secured to them
by the Sixth and Fourteenth Amendments to the Consti
tution of the United States and and Article I Sections 17
and 35 of the Constitution of the State of North Caro
lina were violated in that they were denied the right to
a public trial by the trial court’s exclusion of the public
from the hearing at which these juveniles were adjudi
cated delinquent. The decision of the North Carolina
Court of Appeals affirming this action of the Juvenile
Court is erroneous as a matter of law.
3. The respondent juveniles’ rights secured to them by
the due process and equal protection clauses of the Four
teenth Amendment to the Constitution of the United
States and Article I, Section 17 of the Constitution of
the State of North Carolina were violated in that these
juveniles were tried under a statute, namely Chapter
110 Article II of the General Statutes of North Carolina,
which is unconstitutionally vague and overbroad and
which permits one who is adjudicated delinquent to be
confined in a State institution for an indefinite period
of time and which authorizes longer periods of confine
ment for a juvenile found to be in violation of a criminal
statute than for an adult found to be in violation of the
same statute. The failure of the North Carolina Court
302
of Appeals to declare the statute unconstitutional on its
face and as applied is erroneous as a matter of law.
4. The juveniles-respondents’ right to counsel secured
to them by the Sixth and Fourteenth Amendments to the
Constitution of the United States and Article I Section
17 of the Constitution of the State of North Carolina
were violated in that the juvenile court denied the juve
niles’ request for leave to appeal in forma pauperis and
refused to permit the parents of the juveniles or persons
standing in loco parentis to take the stand and testify
as to their indigency in support of the request for an
in forma pauperis appeal. The decision of the North
Carolina Court of Appeals upholding this action of the
juvenile court is erroneous as a matter of law.
The foregoing constitutional questions were timely
raised and passed upon by the District Court of Hyde
County and the North Carolina Court of Appeals and
the rulings of the trial court and the Court of Appeals
were erroneous as a matter of law.
Respectfully submitted,
Chambers, Stein,
Ferguson and Lanning
By: James E. Ferguson, II
ACCEPTANCE OF SERVICE
Service of Notice of Appeal is hereby accepted in apt
time.
Ralph Moody
Deputy Attorney General
803
OPINION OF NORTH CAROLINA COURT OF AP
PEALS, No. 692DC256, Spring Session, 1969, Filed
5-28-69
APPEALS from WARD, J., Juvenile Session, 9 Janu
ary 1969, Hyde County District Court.
Each of these forty-four cases arose out of separate
petitions charging each juvenile with various wilful and
unlawful acts committed in Hyde County on different
dates and different occasions. The petitions requested
that the district court, sitting as the juvenile court, hear
and determine each case and “ if need be found, to give
said child such oversight and control as will promote
the welfare of such child and the best interest of the
State.”
In some instances, more than one petition was filed
charging the same juvenile with different wilful and un
lawful acts committed on different dates and different
occasions.
In general, these juveniles, who were under the age of
sixteen, placed themselves upon the main public thorough
fares in the county seat of Hyde County for the purpose
of blocking and stopping vehicular traffic on said thor
oughfares. On other occasions, they disturbed the public
schools and defaced and destroyed school property.
The petitions set out in particular the accusations
against each juvenile, a typical charge being as follows:
“ ‘That the facts and circumstances supporting
this Petition for Court action as follows:
That at and in the County named above on or
about Dec. 6, 1968 the defendant above named did
intentionally, unlawfully and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the commu
nity of Swan Quarter and did willfully, intention
ally and unlawfully stand upon that portion of said
highway and street used by the traveling public in
the operation of automobiles, trucks and other motor
vehicles in such a way and manner as to cause said
motor vehicles being operated upon the traveled por
tion of said street and highway to stop and cease
304
their traveling or operation and in some cases caused
said motor vehicles and the operators of same to be
detained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor
vehicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of
the General Statutes of North Carolina, and against
the peace and dignity of the State.’ ”
Pursuant to these forty-four separate petitions, forty-
four juvenile summonses were issued, one for each child
and the parents or other person having custody of the
child to appear before the judge of the juvenile court for
a hearing on the petition alleging delinquency. Different
days for the various hearings were set and the place for
the hearings was specified.
The same counsel appeared in all forty-four cases for
the juveniles.
Upon motion of counsel for the juveniles, these forty-
four cases were divided into nine groupings, with each
grouping containing from one to thirteen cases.
At the time and place appointed, District Court Judge
Ward conducted a hearing, at the commencement of
which he ordered the general public excluded from the
hearing room. He stated that he was going to conduct
a juvenile hearing, not a criminal trial, and that no child
would be found to have committed a crime. He there
upon ordered the general public excluded from the hear
ing room and stated that only officers of the court, the
juveniles, their parents or guardians, their attorney and
witnesses would be present for the hearing. Judge Ward
further stated that only the juvenile cases would be heard
and that no other court business would be conducted.
He then stated:
“All records may be withheld from indiscriminate
public inspection in the discretion of the court but
such record shall be open to inspection by the par-
305
f ents, guardians or other authorized representatives
of the child concerned. No adjudication shall oper
ate as a disqualification of any child for any public
office and no child shall be denominated a criminal
by reason of such adjudication nor shall any such
adjudication be denominated a conviction. Our Su
preme Court has stated that the express intention
of this statute is that in all proceedings under its
provisions the court shall proceed upon the theory
that a child under its jurisdiction is the ward of the
State and is subject to the discipline and entitled to
the protection which the court should give such child
under the circumstances disclosed in the case. More
over, any order of judgment made by the court in
the case of any child should be subject to such modi
fication from time to time as the court may consider
to be for the welfare of the child. In other words
and to summarize, this is not a criminal case but is
a hearing to determine whether these children or any
of them are delinquent and in need of the protection
and guidance of the State.”
In each instance, counsel for the juveniles requested a
jury trial, but the requests were denied.
At the conclusion of the various hearings, judgments
were entered, a typical judgment being as follows:
“ This matter, coming on to be heard, and being
heard at this regularly calendared session of Juve
nile Court for the County of Hyde convened this 9th
day of January, 1969; and the court having deter
mined that said child is under sixteen (16) years of
age and is a resident of Hyde County, N. C.; and the
court having heretofore explained to the child and to
Pencie Collins, her mother, the nature of this pro
ceeding; as will appear in the minutes; and said
child being represented by James E. Furgerson, II,
Esq., Attorney of record; and it having been agreed
to by the said James E. Furgerson, II, and Hon.
Herbert Small, Solicitor for this the First Solici-
torial District, that this matter should be consoli
dated with 69 -J-ll; 69-J-12; 69-J-14; 69-J-16; 69-J-
306
28; 69-J-29, for hearing, findings and disposition and
said attorneys having further agreed that such con
solidation is in no way prejudicial to said child and
does not violate the spirit or intent of Article 2,
Chapter 110 of the General Statutes of North Caro
lina; and it appearing to the court, and the court
finding as a fact, that on or about the 13th day of
November, 1968, the said child did in the company
of others go upon the traveled portion of a main
highway in Swan Quarter, N. C., and did block
and impede traffic, and after being removed from
said traveled portion of said highway, did return
and block and impede traffic— all said acts having
been wilfully and intentionally done and designed
to impede traffic, and that said acts constitute
a violation of GS 20-174.1, an act for which an
adult may be punished by law; and it further ap
pearing to the court and the court being satisfied
and finding as a fact that the said child is in need
of the care, protection and discipline of the State,
and is in need of more suitable guardianship and is
delinquent;
It is now, therefore, ORDERED, ADJUDGED
and DECREED that Debra Ann Collins be, and she
is hereby committed to the custody of the Hyde
County Department of Public Welfare to be placed
by said department in a suitable institution main
tained by the State for the care of delinquents (as
said institutions are enumerated in GS 134-91),
after having first received notice from the superin
tendent of said institution that such person can be
received, and held by said institution for no definite
term but until such time as the Board of Juvenile
Correction or the Superintendent of said institution
may determine, not inconsistent with the laws of
this State; this commitment is suspended and said
child placed upon probation for 12 months, under
these special conditions of probation;
1. That said child violate none of the laws of
North Carolina for 12 months;
2. That said child report to the Director of the
Hyde County Public Welfare Department, or his
307
designated agent, at least once each month at a time
and place designated by said Director;
3. That said child be at her residence by 11:00
o’clock p.m. each evening.
4. That said child attend some school, public or
private, or some institution offering training ap
proved by the Hyde County Director of Public Wel
fare.
This matter is retained pending further order of
the court.
This 9th day of January, 1969.
/ s / Hallett S. W ard”
From the entry of the judgments in the forty-four
cases, each juvenile appealed to this Court.
ATTORNEY GENERAL ROBERT MORGAN AND
DEPUTY ATTORNEY GENERAL RALPH MOODY
FOR THE STATE
JAMES E. FERGUSON, II, FOR DEFENDANTS, AP
PELLANTS.
CAMPBELL, J. Despite the nine separate groupings
and consolidations of cases in the juvenile court, the juve
niles, in utter disregard of the Rules of Practice in the
Court of Appeals or in any appellate court, lumped the
forty-four cases together into one record which was filed
with this court. It would be entirely proper to dismiss
these appeals for failure to present a proper record. Rule
48 of the Rules of Practice in the Court of Appeals. How
ever, we have nevertheless undertaken to review and to
dispose of the cases.
All of the cases stem from what may be classified as a
concerted demonstration by Negroes of Hyde County to
assert their defiance of law and order to disrupt the nor
mal economic and social life of Hyde County by a wilful,
intentional and flagrant disregard and violation of laws
duly enacted by the governing bodies of the State for the
public welfare and orderly conduct of human affairs for
all citizens of the State.
308
The forty-four cases have certain common features
which may be considered in an effort to determine the
legal questions presented. Counsel for the juveniles, both
at the time of oral argument and later in writing, stated
that all exceptions were withdrawn and abandoned, ex
cept for the four legal questions which are common to
each case. In view of this withdrawal and abandon
ment, this court agreed to hear and decide these questions,
despite the failure to comply with the proper appellate
procedures as above stated.
The four questions are: 1. Is a jury trial required in a
juvenile court proceeding? 2. Is a public trail required
in a juvenile court proceeding? 3. Is the North Carolina
Juvenile Courts Act unconstitutional because of vague
ness? 4. Did the juvenile court commit error by prevent
ing an appeal in forma pauperis ?
The first question presented for determination is
whether a jury trial is required in a juvenile court pro
ceeding. In support of their argument that a jury trial
is required, the juveniles rely upon RE WHITTINGTON,
391 US 341, 20 L Ed 625, 88 S Ct 1507; DUNCAN v
LOUISIANA, 391 US 145, 20 L Ed 2d 491, 88 S Ct
1444; RE GAULT, 387 US 1, 18 L Ed 2d 527, 87 S Ct
1428.
While DUNCAN involved the right to a jury trial, it
did not involve juveniles or a juvenile court proceeding.
Therefore, the case may be dismissed from further con
sideration. WHITTINGTON did not make any ju
dicial determination and it merely referred the matter
back to the Ohio Court for consideration in light of
GAULT. Therefore, the only authority to substantiate
their argument is GAULT, which considered in some
depth juvenile court proceedings. In reviewing the his
tory of such proceedings in the light of whether they
complied with due process of law, the United States Su
preme Court stated:
“ It is claimed that juveniles obtained bGricfi ts
from the special procedures applicable to them which
more than offset the disadvantages of denial of the
substance of normal due process. As we shall dis
309
cuss, the observance of due process standards, intel
ligently and not ruthlessly administered, will not
compel the States to abandon or displace any of the
substantive benefits of the juvenile process. But it
is important, we think, that the claimed benefits of
the juvenile process should be candidly ap
praised. . .
. . . We do not mean by this to denigrate the juvenile
court process or to suggest that there are not as
pects of the juvenile system relating to offenders
which are valuable. But the features of the juvenile
system which its proponents have asserted are of
unique benefit will not be impaired by constitutional
domestication. For example, the commendable prin
ciples relating to the processing and treatment of
juveniles separately from adults are in no way in
volved or affected by the procedural issues under dis
cussion. Further, we are told that one of the im
portant benefits of the special juvenile court pro
cedures is that they avoid classifying the juvenile as
a ‘criminal.’ The juvenile offender is now classed
as a ‘delinquent.’ There is, of course, no reason why
this should not continue. It is disconcerting, how
ever, that this term has come to involve only slightly
less stigma than the term ‘criminal’ applied to
adults. It is also emphasized that in practically all
jurisdiction, statutes provide that an adjudication of
the child as a delinquent shall not operate as a civil
disability or disqualify him for civil service ap
pointment. There is no reason why the application
of due process requirements should interfere with
such provisions.”
The United States Supreme Court went on to point
out that juvenile hearings must measure up to the essen
tials of due process and fair treatment. In so holding it
was stated that such hearings need not conform to all of
the requirements of a criminal trial or even of the usual
administrative hearing. However, certain requirements
must be followed in order to measure up the essentials of
due process and fair treatment. Proper notice must be
310
given to both the juvenile and his parents, that is
“ (n)otice which would be deemed constitutionally ade
quate in a civil or criminal proceeding.” Likewise, the
United States Supreme Court held that a juvenile was
entitled to counsel and “ (t)he child and his parents must
be notified of the child’s right to be represented by coun
sel retained by them, or if they are unable to afford coun
sel, that counsel will be appointed to represent the child.”
It was then held that the rights of confrontation and
cross examination and the privilege against self-incrimi
nation must be observed in a juvenile court proceeding.
The United States Supreme Court stated:
“We conclude that the constitutional privilege against
self-incrimination is applicable in the case of juve
niles as it is with respect to adults. We appreciate
that special problems may arise with respect to
waiver of the privilege by or on behalf of children,
and that there may well be some differences in tech
nique. . .”
The United States Supreme Court further stated:
“ . . . a determination of delinquency and an order of
commitment to a state institution cannot be sus
tained in the absence of sworn testimony subjected to
the opportunity for cross examination in accordance
with our law and constitutional requirements.”
GAULT was not decided by a unanimous court. There
were two concurring opinions and one dissenting opinion.
Another opinion concurred in part and dissented in part.
There is certainly nothing in GAULT to support the
argument that a jury trial is required in juvenile court
proceedings. On the contrary, the decision clearly showrs
that juvenile court proceedings are not to be considered
as criminal cases and they are not to be held to the re
quirements of a criminal case. Juvenile court proceed
ings are to continue as distinct and separate proceedings.
While the essentials of due process and fair treatmen c
are to be maintained, this does not by any means require
a jury trial. In the instant case, all of the hearings con
ducted by Judge Ward measured up to the essentials of
311
due process and fair treatment, as those terms were used
and applied in GAULT.
In COMMONWEALTH v JOHNSON, 211 Pa Super.
62, 234 A 2d 9, the Pennsylvania Superior Court reviewed
the GAULT decision and rejected the position that a jury
trial must be afforded in a juvenile court proceeding. It
was stated:
“ The National Crime Commission Report, supra, to
which the Supreme Court frequently referred in
GAULT, contains the following significant state
ment: ‘Most States do not provide jury trial for
juveniles. Even Illinois, New York and California,
which have recently revised their juvenile court laws
to increase procedural safeguards for the child, have
not extended the right to trial by jury. There is
much to support the implicit judgment by these
states that trial by jury is not crucial to a system
of juvenile justice. AS THIS REPORT HAS SUG
GESTED, THE STANDARD SHOULD BE WHAT
ELEMENTS OF PROCEDURAL PROTECTION
ARE ESSENTIAL FOR ACHIEVING JUSTICE
FOR THE CHILD WITHOUT UNDULY IMPAIR
ING THE JUVENILE COURT’S DISTINCTIVE
VALUES. (Emphasis added)
‘As has been observed, “A jury trial would in
evitably bring a good deal more formality to the
juvenile court without giving the youngster a
demonstrably better fact-finding process than trial
before a judge.” ’
In summary, we are in full agreement with the
holding of the Supreme Court that the constitutional
safeguards of the Fourteenth Amendment guaran
teed to adults must similarly be accorded juveniles.
It is inconceivable to us, however, that our highest
court attempted, through GAULT, to undermine the
basic philosophy, idealism and purposes of the juve
nile court. We believe that the Supreme Court did
not lose sight of the humane and beneficial elements
of the juvenile court system; it did not ignore the
312
need for each judge to determine the action appro
priate in each individual case; it did not intend to
convert the juvenile court into a criminal court for
the young people. Rather, we find that the Supreme
Court recognized that juvenile courts, while acting
within the constitutional guarantees of due process,
must, nonetheless, retain their flexible procedures
and techniques. The institution of jury trial in
juvenile court, while not materially contributing to
the fact-finding function of the court, would serious
ly limit the court’s ability to function in this unique
manner, and would result in a sterile procedure
which could not vary to meet the needs of delin
quent children. Accordingly, we reject appellant’s
request for a jury trial.”
In passing on this specific question, the North Carolina
Supreme Court has held that the constitutional guarantee
of a right to trial by jury does not apply in juvenile court
proceedings. STATE v FRAZIER, 254 NC 226, 118 SE
2d 556. Therefore, it follows that, since neither the Con
stitution of the United States as interpreted by the
United States Supreme Court nor the Constitution of
North Carolina as interpreted by the North Carolina
Supreme Court requires a jury trial in a juvenile court
proceeding, the first question is answered in the nega
tive.
The second question presented for determination is
whether a public trial is required in a juvenile court pro
ceeding. As previously pointed out, Judge Ward ordered
the general public excluded from the hearing room and
stated that only officers of the court, the juveniles, their
parents or guardians, their attorney and witnesses would
be present for the hearing. He then announced that only
the juvenile cases would be heard and that no other court
business would be conducted, This was in keeping with
the provisions of the North Carolina Juvenile Courts Act.
Counsel for the juveniles has furnished no authority to
support a holding that GS 110-24 is unconstitutional in
that it provides for the exclusion of the general public
from a juvenile hearing. The provision is certainly not
313
unfair or lacking in due process. The objectives of the
North Carolina Juvenile Courts Act are to provide meas
ures of guidance and rehabilitation for the child and to
provide protection for society. It does not seek to fix
criminal responsibility, guilt and punishment. The exclu
sion of the general public from such a hearing is deemed
to be beneficial for the rehabilitation of the child in
volved. In the instant case, it is true that such a provi
sion thwarted the hopes and desires of those instigating
and promoting these unfortunate children in their public
demonstrations. The deprivation of a public forum to
further their misguided and antisocial conduct does not
make it wrong or illegal in a constitutional sense.
A public trial is not required in a juvenile court pro
ceeding. Therefore, the second question is answered in
the negative.
The third question presented for determination is
whether the North Carolina Juvenile Courts Act is un
constitutional because of vagueness. Art. 2 of Chap. 110
of the General Statutes of North Carolina provides for
juvenile courts and for the procedure therein. Exclusive
original jurisdiction of a child less than sixteen years of
age is provided for as follows:
“ (1) Who is delinquent or who violates any mu
nicipal or State law or ordinance or who is truant,
unruly, wayward, or misdirected, or who is disobedi
ent to parents or beyond their control, or who is in
danger of becoming so: or
“ (2) Who is neglected, or who engages in any
occupation, calling, or exhibition, or is found in any
place where a child is forbidden by law to be and
for permitting which an adult may be punished by
law, or who is in such condition or surroundings or
is under such improper or insufficient guardianship
or control as to endanger the morals, health, or gen
eral welfare of such child; or
“ (3) Who is dependent upon public support or
who is destitute, homeless, or abandoned, or whose
custody is subject to controversy.
“When jurisdiction has been obtained in the case
of any child, unless a court order shall be issued to
314
the contrary, or unless the child be committed to an
institution supported and controlled by the State, it
shall continue for the purposes of this article during
the minority of the child. The duty shall be constant
upon the court to give each child subject to its juris
diction such oversight and control in the premises as
will conduce to the welfare of such child and to the
best interest of the State.”
The juveniles assert that the statute is void because of
vagueness and uncertainty and because it requires one to
guess as to its meaning. This same contention was made
in STATE v WIGGINS, 272 NC 147, 158 SE 2d 37, with
regard to another statute. The North Carolina Supreme
Court stated:
“ It is elementary that in the construction of a statute
words ought to be given their plain and ordinary
meaning unless the context, or the history of the
statute, requires otherwise. . .”
The words in Art. 2 of Chap. 110 have well-defined
meanings and have been construed time and time again
in decisions dealing with juvenile courts. The provisions
of this article have been upheld by the North Carolina
Supreme Court.
Suffice it to say that the North Carolina Juvenile Courts
Act is not unconstitutional because of any vagueness.
WINNER v BRICE, 212 NC 294, 193 SE 400. There
fore, the third question is answered in the negative.
The fourth question presented for determination is
whether the juvenile court committed error by prevent
ing an appeal in forma pauperis. The record in the in
stant case reveals the following:
“ COURT: Do you wish to note any appeal?
MR. FERGUSON: Yes, and I would like 60 days
in which to prepare the case on appeal.
COURT: I am afraid that this is too much time,
too much time under the rules.
MR. FERGUSON: I would also like to be al
lowed to proceed in forma pauperis.
315
COURT: I am afraid that I cannot allow that
simply upon your request. We should examine the
statutes, however; I am willing, if I can, to allow
you to proceed without an appeal bond. EXCEP
TION NO. 16
MR. FERGUSON: You might permit me to have
the parents sworn and treat the testimony as an affi
davit.
COURT: I am afraid that I cannot do that.
EXCEPTION NO. 17. I am going to suggest that
you dictate your own appeal entries in whatever
fashion you deem appropriate and I will sign what
ever you dictate.”
As the above excerpt reveals, even after Judge Ward
suggested to counsel for the juveniles that the statutes
be examined in order to comply with the statutory pro
cedure for an appeal in forma pauperis, counsel failed
to look at said statutes and did not in any way comply
with the procedure provided by law for an appeal in
forma pauperis.
It was not error for Judge Ward to suggest to counsel
for the juveniles that the statutory procedure pertain
ing to an appeal in forma pauperis be complied with.
Since such procedure was not complied with by the juve
niles, no error was committed. Therefore, the fourth
question is answered in the negative.
There being no error in the trial of these cases in the
juvenile court, the various judgments in the forty-four
cases are
AFFIRMED.
We concur Mallard, C.J. and Morris, J.
A TRUE COPY:
/s / Adrian J. Newton
Clerk of Supreme Court of North Carolina.
[SEAL]
316
SUPREME COURT OF NORTH CAROLINA
SECOND DISTRICT
Fall Term 1969
No. 15
From Hyde
In Re : Selma Shelton (69-J-32)
John Green Cunningham (69-J-33)
NOTICE OF APPEAL
NOTICE (Filed in Supreme Court Aug. 15, 1969)
TO: The North Carolina Court of Appeals
Raleigh, North Carolina
The North Carolina Supreme Court
Raleigh, North Carolina
The Honorable Robert Morgan
Attorney General
Raleigh, North Carolina
Andrew A. Vanore, Jr., Staff Attorney
Attorney General’s Office
Raleigh, North Carolina
Please take notice that the respondents-appellants in
the above-captioned case, by and through their under
signed counsel, pursuant to North Carolina General Stat
ute 7A-30 (1), hereby give notice of appeal of the decision
in the above-captioned case filed by the North Carolina
Court of Appeals on July 23, 1969. Grounds for this
appeal: respondents juveniles allege that their rights
under the Constitution of the United States and the
Constitution of the State of North Carolina have been
violated in the following particulars:
1. The respondent juveniles’ rights secured to them
by the due process and equal protection clauses of the
317
Fourteenth Amendment to to the Constitution of the
United States and Article I, Section 17 of the North
Carolina Constitution were violated in that these juve
niles were tried under a statute, namely, Chapter 110,
Article II of the General Statutes of North Carolina,
which is unconstitutionally vague and overbroad and
which permits one who is adjudicated a delinquent to
be confined in a state institution for an indefinite period
of time and which authorizes a longer period of confine
ment for a juvenile found to be in violation of a criminal
statute than for an adult found to be in violation of
the same statute. Failure of the North Carolina Court
of Appeals to declare the statute unconstitutional on its
face and as applied is erroneous as a matter of law.
2. The respondent juveniles’ rights secured to them
by the Sixth and Fourteenth Amendments to the Consti
tution of the United States and Article I, Sections 13
and 17 of the Constitution of the State of North Caro
lina were violated in that the juvenile Court denied their
motions for a trial by jury. The decision of the North
Carolina Court of Appeals affirming this action of the
juvenile Court is erroneous as a matter of law.
The following constitutional questions were timely
raised and passed upon by the District Court of Hyde
County and the North Carolina Court of Appeals and
the rulings of the trial court and the Court of Appeals
are erroneous as a matter of law.
Respectfully submitted,
,/s/ James E. Ferguson, II
Chambers, Stein,
Ferguson and Lanning
Attorneys for
Respondents-Appellants
318
OPINION OF NORTH CAROLINA COURT OF AP
PEALS, No. 692DC300, Spring Session 1969, Filed
7-23-69
Appeal by respondents from WARD, District Judge,
January 1969 Juvenile Session, District Court of Hyde
County, Division of the General Court of Justice.
ATTORNEY GENERAL ROBERT MORGAN AND
STAFF ATTORNEY ANDREW A. VANORE, JR. FOR
THE STATE.
CHAMBERS, STEIN, FERGUSON AND BANNING
BY JAMES E. FERGUSON, II FOR RESPONDENTS.
MALLARD, C.J. These matters were heard separately
on 21 January 1969. Evidence was taken separately.
There has been no order entered consolidating these pro
ceedings for a. hearing. See Rule 14 of the Rules of
Practice in the Court of Appeals. Under Rule 48 it
would be entirely proper to dismiss the appeal, however,
we decide the proceedings on their merits.
In a juvenile petition, #69-J-32, the respondent Selma
Shelton, of Rt. 1, Swan Quarter, was alleged to be under
16 years of age and in need of the care, protection or
discipline of the State. In the petition, it is alleged, in
substance, that such need was demonstrated and evi
denced by the conduct of the respondent on 14 November
1968 in unlawfully, wilfully, and intentionally blocking,
obstructing, and impeding the flow of traffic on the State
Highway and street passing through and traversing the
community of Swan Quarter, in violation of G.S. 20-
174.1. The evidence tended to show that at the time
thereof this respondent was one of a group of twenty-
three females and eleven males engaged in such conduct.
In another juvenile petition, #69-J-33, the respondent
John Green Cunningham, of Rt. 1, Engelhard, was al
leged to be under 16 years of age and in need of the
care, protection or discipline of the State. In the peti
tion, it is alleged, in substance, that such need was
demonstrated and evidenced by the conduct of the re
spondent on 12 November 1968 in unlawfully, wilfully
319
and intentionally blocking, obstructing, and impeding the
flow of traffic on the State Highway and street passing
through and traversing the community of Swan Quarter,
in violation of G.S. 20-174.1. The evidence tended to
show that at the time thereof this respondent was one
of a group of twenty-six persons engaged in such conduct.
After the hearings, a separate, but almost identical
order of custody was entered declaring each to be a
delinquent in need of more suitable guardianship. In
each of the orders of custody, it is provided that the
respondent:
“ is hereby committed to the custody of the Hyde
County Department of Public Welfare to be placed
by said department in a suitable institution main
tained by the State for the care of delinquents (as
said institutions are enumerated in G.S. 134-91),
after having first received notice from the Super
intendent of said institution that such person can
be received, and held by said institution for no defi
nite term but until such time as the Board of Juve
nile Correction or the Superintendent of said insti
tution may determine, consistent with the laws of
this State; this commitment is suspended and said
child placed upon probation for twelve months, under
these special conditions of probation:
1. That said child violate none of the laws of North
Carolina for 12 months ;
2. That said child report to the Director of the
Hyde County Public Welfare Department, or his
designated agent, at least once each month at a
time and place designated by said Director;
3. That said child be at his residence by 11:00 P.M.
each evening;
4. That said child attend some school, public or
private, or some institution offering training ap
proved by the Hyde County Director of Public
Welfare.
This matter is retained pending further order of
the Court.”
320
The respondents contend that the North Carolina Juve
nile Statute as contained in Article II of Chapter 110
of the General Statutes is unconstitutional.
Respondents also contend that their constitutional
rights were violated because they were not afforded jury
trials.
These questions in identical language were raised and
decided contrary to respondent’s contentions in the case
of In Re Burrus, 4 N.C. App. 523, ------ S.E. 2d ------
(1969).
In Burrus the factual situation was almost the same
as here. The evidence in both tended to show that groups
of children were permitted or allowed by their parents
or persons in loco parentis to gather together in gangs
and roam up and down the streets and highways inten
tionally and wilfully blocking and impeding the flow of
traffic to the harassment of all the people at that time
lawfully using those particular streets and highways in
Hyde County.
For the reasons enunciated in Burrus, we are of the
opinion and so hold that the North Carolina Juvenile
Statute as contained in Article II of Chapter 110 of
the General Statutes is not unconstitutional, and that
the constitutional rights of the respondents were not
violated because they were not- afforded a jury trial.
AFFIRMED.
BRITT and PARKER, JJ., concur.
PETITION
(Filed 8/15/69)
Come now the juvenile respondents in the above-cap
tioned matter, by and through their undersigned counsel,
pursuant to Rule 14 of the Rules of the North Carolina
Supreme Court, and respectfully petition the Court for
an order providing that the above-captioned case be heard
321
and argued together with the case of In Re: Barbara
Burrus, et ah, Number 15, and as grounds therefor, re
spectfully show the Court the following:
1. The case of In Re: Barbara Burrus, et al, Number
15, was decided by the North Carolina Court of Appeals
on May 28, 1969 and thereafter, pursuant to North
Carolina General Statute 7A-30 (1), notice of appeal was
filed.
2. In paragraphs 1 and 3 of the said notice of appeal
in In Re: Burrus, issues identical to the issues raised
in this appeal were raised.
3. A brief has been timely filed in the Supreme Court
of North Carolina in the case of In Re: Burrus, setting
forth the arguments applicable to the issues raised in
the instant appeal. The oral argument in In Re: Burrus
has not been set and is pending in the Supreme Court
of North Carolina.
4. Counsel in this appeal is also counsel in the appeal
involved in In Re: Burrus. Counsel has reviewed the
record and brief in In Re: Burrus and the record in
the instant case and is of the opinion that the conten
tions of the juvenile respondents in the instant case and
the contentions of the juvenile respondents in In Re:
Burrus can be fully, adequately and effectively presented
to the Court if heard together as one case. Counsel is
further of the opinion that the interests of justice and
the expedient administration of the system of justice will
be served if these cases are heard together as one appeal.
WHEREFORE, juvenile respondents respectfully pray
the Court that the above-captioned case be heard together
as one appeal with the case of In Re: Burrus, Number
15, in the Supreme Court of North Carolina.
Respectfully submitted,
/ s / James E. Ferguson, II
Chambers, Stein,
Ferguson and Lanning
Attorneys for
Respondents-Appellants
322
ORDER TO CONSOLIDATE THIS CASE WITH CASE
OF IN RE: BURRUS, ET AL
It appearing to the Court that the factual situation
here is substantially identical to the factual situation
in the case of In Re: Burrus, et al (No. 15, Fall Term
1969),
IT IS ORDERED that this case be consolidated with
the case of In Re: Burrus, et al, advanced on the calen
dar, and heard as one appeal on Wednesday, 10 Septem
ber 1969.
By order of the Court in conference on 26 August
1969.
/ s / Huskins
For the Court
A True Copy :
/s,/ Adrian J. Newton
Clerk of Supreme Court of North Carolina
[SEAL]
323
JUDGMENT
SUPREME COURT OF NORTH CAROLINA
HYDE COUNTY
No. 1544 Misc., Fall Term, 1969
No. 15
In Re : Barbara Burrus
v s .
This cause came on to be argued upon the transcript
of the record from the North Carolina Court of Appeals:
Upon consideration whereof, this Court is of opinion
that there is no error in the record and proceedings of
said Court of Appeals.
It is therefore considered and adjudged by the Court
here that the opinion of the Court, as delivered by the
Honorable J. FRANK HUSKINS Justice, be certified to
the said North Carolina Court of Appeals, to the intent
that the JUDGMENT BE AND THE SAME IS HERE
BY MODIFIED AND AFFIRMED AS INDICATED IN
SAID OPINION. And it is considered and adjudged
further, that the RESPONDENTS DO PAY the costs of
the appeal in this Court incurred, to wit, the sum of
**"TWENTY-THREE AND 20/100*** dollars ($23.20),
and execution issue therefor. Certified to North Carolina
Court of Appeals this 27th day of October 1969, and a
copy of this transcript to the Clerk of the Superior Court
of Hyde County for docketing as a judgment in his office.
A True Copy
Adrian J. Newton
Clerk of the Supreme Court
By: ,/s/ Frances P. Randolph
Frances P. Randolph
Deputy Clerk
324
IN THE SUPREME COURT OF NORTH CAROLINA
FALL TERM 1969
No. 15
Hyde
In Re : Barbara Burrus (69-J-17), Sarah W hitney
(69-J-18), Darlene McCoy (69-J-19), Nina Whitney
(69-J-20), Dorene Harris (69-J-21), Patricia Col
lins (69-J-22), Dollie Gibbs (69-J-23), Maria Har
ris (69-J-24), Trina Selby (69-J-l), Dorene Harris
(69-J-3), Julia A nna Collins (69-J-4), Cherlyn
W hitney (69-J-5), Catherine Gibbs (69-J-6), Debo
rah Ann Collins (69-J-8), Maria Harris (69-J-9),
Eddie Whitley (69-J-10), Alonzo Edward Hollo
way (69-J-30), Evelyn Evangeline Gibbs (69-J-ll),
Rose Mary Collins (69-J-12), Debra A nn Collins
(69-J-13), Catherine Gibbs (69-J-14), Julia A nna
Collins (69-J-16), Elvira Vashti Weston (69-J-28),
Sudie Bell McCullor (69-J-29), Barbara Burrus
(68-J-4), W illiam Blount (68-J-5), Nekola Green
(68-J-6), Sharon Harris (68-J-7), Sarah Annette
Whitney (68-J-8), Walter Anthony Green (68-J-
9), Dessie Harris (68-J-10), Evelyn Gibbs (68-J-ll),
Ronnie Lee Topping (68-J-12), Tyrone Dudley (68-
J-13), Theresa Blount (68-J-14), Linda Sue Gibbs
(68-J-15), Patricia Collins (69-J-27), Donald
W hite (69-J-25), W ilma Joyce W hitaker (69-J-26),
James Lambert Howard (68-J-3), Rose Mary Whit
ney (69-J-15), Cherlyn D. W hitney (69-J-2), Trina
Selby (69-J-7), A lonzo Edward Holloway (69-J-
31), Selma Shelton (69-J-32), John Green Cun
ningham (69-J-33)
Appeals by respondents from decision of the Court of
Appeals affirming judgments of Ward, J., entered at the
9 and 21 January 1969 Juvenile Sessions, Hyde County
District Court.
These cases, more than forty in number, were consoli
dated by consent for hearing in the Juvenile Court of
Hyde County. On appeal to the Court of Appeals they
were lumped into one record. Upon appeal to this Court
325
it was made to appear that the factual situation in two
additional cases involving the juveniles Selma Shelton
and John Green Cunningham was substantially identical
to the factual situation in the case of In Re Burrus,
et al, and this Court ordered a consolidation and heard
all the cases as one appeal.
All persons involved in these proceedings are juveniles
residing in Hyde County, North Carolina. On six differ
ent occasions in November and December, 1968, these
juveniles (with the exception of James Lambert Howard)
were observed by State Highway Patrolmen standing
upon the public highway tossing a basketball back and
forth and singing, clapping, and marching. “ Between
September 11th and November 13th they marched prac
tically every day.” As a result, vehicular traffic was
prevented from proceeding in either direction. The juve
niles and numerous adults were asked to remove them
selves from the road to allow traffic to pass. They either
refused to do so or left the roadway and immediately
returned. Said juveniles, with numerous adults who were
also participating in the unlawful conduct, were then
taken into custody. After ascertaining the juveniles
herein named to be under sixteen years of age the officers
obtained juvenile petitions. The following petition in re
Barbara Burrus is substantially identical to the petitions
in all cases (except James Lambert Howard) :
In the General Court of Justice
District Court Division
“STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
Barbara Burrus
Age 13
Box 83, Fairfield, N. C.
Charles Smith, Petitioner, having sufficient knowl
edge or information to believe that the child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
326
1. That said child is less than sixteen years of
age, and is now residing within the territorial ju
risdiction of the District Court for this County at
the address shown above.
2. That the names of the parents and of the
person having the guardianship, custody or super
vision of said child if other than a parent, are as
follows:
Name Relation Address
Lillie Mae Burras Mother Box 83, Fairfield, N.C.
David Burras Father Box 83, Fairfield, N.C.
3. That the facts and circumstances supporting
this Petition for court action are as follows:
That at and in the county named above on or
about Nov. 14, 1968, the defendant above named did
intentionally, unlawfully, and willfully stand upon
the traveled part or portion of a State highway and
street passing through and traversing the community
of Swan Quarter and did willfully, intentionally and
unlawfully stand upon that portion of said highway
and street used by the traveling public in the oper
ation of automobiles, trucks and other motor vehicles
in such a way and manner as to cause said motor
vehicles being operated upon the traveled portion of
said street and highway to stop and cease their trav
eling or operation and in some cases caused said
motor vehicles and the operators of same to be de
tained, stop and cease operation and to force same,
in some cases, to seek detours or other methods of
traveling, all in such a way and manner as to ob
struct, hinder, impair and stop the progress of said
motor vehicles and their operators and to impede
the regular flow and normal traffic of said motor
vehicles and their operators upon said highway and
street, contrary to the statute in such cases made
and provided, the same being Section 20-174.1 of
the General Statutes of North Carolina, and against
the peace and dignity of the State.
327
Petitioner, therefore, prays the court to hear and
determine this case, and, if need be found, to give
said child such oversight and control as will promote
the welfare of such child and the best interest oi
the State.
This 3 day of January, 1969.
/s / Sgt. Charles Smith
Petitioner
S.H.P. Washington, N. C.
(Verified by Charles Smith, Petitioner, on 1-3-69.)”
Sergeant Rogers of the State Highway Patrol observed
sixteen persons, including James Lambert Howard, in
the Principal’s office of the 0. A. Peay School at 10:30
a.m, on December 5, 1968, while school was in session,
yelling, piling objects against the windows, moving furni
ture including a metal cabinet, placing a bed against
the door, emptying papers on the floor, turning chairs
upside down, and generally littering the office with books,
papers, a roll of electrical wire and other items of prop
erty belonging to the school. As a result, the school
closed before noon. None of the sixteen were students or
school personnel. All sixteen were taken into custody and
a petition filed with respect to Howard in the following
language:
In the General Court of Justice
District Court Division
“ STATE OF NORTH CAROLINA
COUNTY OF HYDE
In the Matter of
James Lambert Howard
Age 15
P. 0. Box 222, Engelhard, N. C.
Clyde Fentress, Petitioner, having sufficient knowl
edge or information to believe that tne child named
above (whether one or more) is in need of the care,
protection or discipline of the State, alleges:
328
1. That said child is less than sixteen years of
age, and is now residing within the territorial juris
diction of the District Court for this County at the
address shown above.
2. That the names of the parents, and of the per
son having the guardianship, custody or supervision
of said child if other than a parent, are as follows:
Name Relation Address
Thad Howard Father P.O. Box 222
Engelhard, N.C.
Pearl Howard Mother P.O. Box 222
Engelhard, N.C.
3. That the facts and circumstances supporting
this Petition for Court action are as follows:
That at and in the County named above on or
about December 5, 1968 the defendant named above
did unlawfully, willfully and intentionally and did
knowingly, willfully, and unlawfully interrupt and
disturb the 0. A. Peay School, the same being a pub
lic school owned and operated by the Board of Edu
cation of Hyde County, and located in the community
of Swan Quarter, North Carolina, and being a public
building, by uttering rude and riotous noises and
shouts and by engaging in acts of disorderly conduct
in and near said public school building, owned and
operated by the Board of Education of Hyde County,
which said unlawfully, rude and riotous noises,
shouts and other disorderly conduct in and near pub
lic school building interrupted and disturbed the op
eration of said public school.
And, the said Clyde Fentress, complainant as
aforesaid, upon oath further alleges that the said de
fendant, James Lambert Howard, did further inter
rupt and disturb operation of a public school op
erated by the Board of Education of Hyde County,
the same being the 0. A. Peay School, of the Com
munity of Swan Quarter, by engaging in disorderly
acts and conduct in and near said public school by
seizing and scattering the papers, books and other
equipment of said school and by defacing, injuring
329
and damaging the public school furniture and other
educational equipment of the said 0. A. Peay School,
owned and operated by the Board of Education of
Hyde County, all of which occurred while said public
school was in regular session and performing the
educational functions administered by said Board of
Education.
All of the above riotous and disorderly interrup
tions and disturbances being contrary to the stat
utes made and provided, the same being Sections 14-
132 and 14-273 of the General Statutes of North
Carolina, and contrary to the peace and dignity of
the State.
Petitioner, therefore, prays the court to hear and
determine this case, and, if need be found, to give
said child such oversight and control as will promote
the welfare of such child and the best interest of the
State.
This 5th day of December, 1968.
/s / C. 0. Fentress S.B.I.
Petitioner
Washington,
North Carolina
(Verified bv C. 0. Fentress, Petitioner, on 12-5-
68. ) ”
Summonses were duly issued in each proceeding and at
the same time and place named therein the District Court
judge conducted a hearing at the commencement of which
he ordered the general public excluded from the room.
The judge stated that he was preparing to conduct a juve
nile hearing— not a criminal trial, and that no child
would be found to have committed a crime. He there
upon ordered the general public excluded and stated tnat
only officers of the court, the juveniles, their parents or
guardians, their attorney and witnesses would be present
for the hearing. Judge Ward further announced that
only the juvenile cases would be heard and that no other
court business would be conducted. In each instance,
330
counsel for the juveniles objected to the exclusion of the
general public and demanded a jury trial. The objection
was overruled and request for jury trial denied.
At the conclusion of the various hearings, Judge Ward
entered the following “ Order of Commitment and Proba
tion” with respect to Barbara Burrus:
“ This matter, coming on to be heard, and being
heard at this regularly calendared session of Juve
nile Court for the County of Hyde convened this 9th
day of January, 1989; and the Court having deter
mined that said child is under sixteen (16) years of
age and is a resident of Hyde County, N. C.; and the
Court having heretofore explained to the child and
to Lillie Mae Burrus— her mother— the nature of
this proceeding; as will appear in the minutes; and
said child being represented by James E. Ferguson
II, Esq., Attorney of Record; and it having been
agreed to by the said James E. Ferguson, II and
Hon. Herbert Small, Solicitor for this "The First So-
licitorial District, that this matter should be con
solidated with 69-J-18; 69-J-19; 69-J-20; 69-J-21;
69-J-22; 69-J-23; 69-J-24, for hearing, findings and
disposition and said attorneys having further agreed
that such consolidation is in no way prejudicial to
said child and does not violate the spirit or intent of
Article 2, Chapter 110 of the General Statutes of
North Carolina; and it appearing to the Court, and
the Court finding as a fact, that on or about the 14
day of November, 1968, the said child did in the com
pany of others go upon one of the main traveled
highways in Swan Quarter and did remain upon said
traveled portion of said highway in a manner cal
culated to impede traffic— all of said acts having
been willfully and intentionally done and designed to
impede traffic, and that said acts constitute a viola
tion of GS 20-174.1, an act for which an adult may
be punished by law; and it further appearing to the
Court and the Court being satisfied and finding as a
fact that the said child is in need of the care, pro
tection and discipline of the State, and is in need of
more suitable guardianship and is delinquent;
331
It is now, therefore, ORDERED, ADJUDGED
and DECREED that Barbara Burras be, and she is
hereby committed to the custody of the Hyde County
Department of Public Welfare to be placed by said
department in a suitable institution maintained by
the State for the care of delinquents (as said institu
tions are enumerated in GS 134-91), after having
first received notice from the superintendent of said
institution that such person can be received, and held
by said institution for no definite term but until such
time as The Board of Juvenile Correction or the
Superintendent of said institution may determine,
not inconsistent with the laws of this State; this
commitment is suspended and said child placed upon
probation for 12 months, under these special condi
tions of probation:
1. That said child violate none of the laws of
North Carolina for 12 months;
2. That said child report to the Director of the
Hyde County Public Welfare Department, or his
designated agent, at least once each month at a time
and place designated by said Director;
3. That said child be at her residence by 11:00
o’clock P. M. each evening.
4. That said child attend some school, public or
private, or some institution offering training ap
proved by the Hyde County Director of Public Wel
fare.
This matter is retained pending further order of
the Court.
This 9th day of January, 1969.
/s / Hallett S. W ard”
Similar commitment and probation orders were en
tered with respect to all the other juveniles except James
Lambert Howard. As to him the following “ Order of
Commitment and Probation” was entered:
“ This matter coming on to be heard and being
heard at this regularly calendared session of Juve
332
nile Court for the County of Hyde convening this
10th day of January, 1969, the Court having deter
mined that the juvenile is under sixteen (16) years
of age, the Court having heretofore explained to the
child and to Pearl Howard, the mother of the child,
the nature of this proceeding, it appearing to the
Court, and the Court finding as a fact that on or
about the 5th day of December, 1968, the said child
did, in the company of 15 others, enter without law
ful authority the 0. A. Peay School in Swan Quarter,
North Carolina, and participate with others in mak
ing loud noises which were calculated to and did in
fact disturb and disrupt said school which was then
in session and did disarrange and disrupt an office
in said school and did join with others in a course of
conduct designed to cause a cessation of school ac
tivities and that said acts constitute a violation of
GS 14-132 and GS 14-273; and it further appearing
to the Court and the Court being satisfied and find
ing as a fact that said James Lambert Howard is in
need of the care, protection and discipline of the
State and is in need of more suitable guardianship,
and is delinquent.
Now, it is therefore, ORDERED, ADJUDGED
AND DECREED, that James Lambert Howard be,
and he is hereby committed to the custody of the
Hyde County Department of Public Welfare to be
placed by said department in a suitable institution
maintained by the State (as said institutions may
be enumerated in GS 134-91) and held by said in
stitution for no definite term, but until such time as
the Board of Juvenile Correction or the Superin
tendent of said institution shall determine, not incon
sistent with the laws of this State. This commit
ment is suspended and said child placed on probation
for 24 months:
1. That he violate no laws of the State of North
Carolina for 24 months.
2. That he be at his residence by 11 :Q0 P. M. each
evening.
333
3. That said child attend some school, public or
private, or some institution offering training ap
proved by the Hyde County Director of Public Wel
fare.
4. That he report to the Director of the Hyde
County Department of Public Welfare, or his desig
nated agent at least once each month at a time and
place designated by said Director.
This matter is retained pending further order of
the Court.
This 10 day of January, 1969.
/ s / Hallett S. W ard”
From the foregoing orders each juvenile through coun
sel appealed to the Court of Appeals which affirmed the
judgments by decisions appearing in 4 N.C. App. 523,
167 S.E. 2d 454, and 5 N.C. App. 487, ------ S.E. 2d
------ . Respondents thereupon appealed to the Supreme
Court, alleging involvement of substantial constitutional
questions.
CHAMBERS, STEIN, FERGUSON AND LAN-
NING by James E. Ferguson, II, Attorneys for
Respondent Appellants.
ROBERT MORGAN, Attorney General, and RALPH
MOODY, Deputy Attorney General, for the State.
HUSKINS, J. Four questions, preserved and brought
forward, will be discussed in chronological order.
1. Under the Sixth and Fourteenth Amendments to
the Constitution of the United States and Article I, Sec
tion 17, of the Constitution of North Carolina, is a juve
nile entitled to a jury trial in a juvenile court proceeding
on the issue of his delinquency?
The Constitution of the United States, Article III,
Section 2, reads in pertinent part as follows: “ The trial
of all crimes, except in cases of impeachment, shall be
by jury. . . .” The Sixth Amendment thereto provides,
inter alia-. “ In all criminal prosecutions the accused shall
enjoy the right to a . . . trial, by an impartial jury. . . .”
334
The Constitution of North Carolina, Article I, Section
13, reads as follows: “ No person shall be convicted of
any crime but by the unanimous verdict of a jury. . . .
The Legislature may, however, provide other means of
trial, for petty misdemeanors, with the right of appeal.”
Absent a statute providing for a jury trial, it is almost
universally held that in juvenile court delinquency pro
ceedings the alleged delinquent has no right under the
pertinent State or Federal Constitution to demand that
the issue of his delinquency be determined by a jury.
See Annotation: Right to Jury Trial in Juvenile Court
Delinquency Proceedings, 100 A.L.R. 2d 1241, where cases
are collected from twenty-five states and the District of
Columbia. “ The view has generally been taken that stat
utes providing for the custody or commitment of delin
quent or incorrigible children are not unconstitutional by
reason of failure to provide for a jury trial, where the
investigation is into the status and needs of the child,
and the institution to which the child is committed is
not a penal character. Thus it is held that a constitu
tional guaranty of trial by jury has no application to
a proceeding under the juvenile court act.” 31 Am. Jur.,
Juvenile Courts, etc. § 67; 50 C.J.S., Juries § 80. North
Carolina follows the general rule. In Re Watson, 157
N.C. 340, 72 S.E. 1049; State v Burnett, 179 N.C. 735,
102 S.E. 711; State v Frazier, 254 N.C. 226, 118 S.E.
2d 556. Federal decisions to date have not changed it.
Kent v United States, 383 U.S. 541, 16 L.ed 2d 84, 86
S.Ct. 1045; In Re Gault, 387 U.S. 1, 18 L.ed 2d 527,
87 S.Ct. 1428; Duncan v Louisiana, 391 U.S. 145, 20
L.ed 2d 491, 88 S.Ct. 1444; In Re Whittington, 391 U.S.
341, 20 L.ed 2d 625, 88 S.Ct. 1507. These cases enumer
ate the basic requirements of due process that must be
satisfied in juvenile proceedings; however, the right to
jury trial is not listed among them. We have not found
and counsel has not cited any case supporting the right
to jury trials in juvenile proceedings. We therefore ad
here to our former decisions and hold that a juvenile
is not entitled to a jury trial in a juvenile court pro
ceeding on the issue of his delinquency.
335
2. Is a juvenile entitled to a public trial in a juvenile
court proceeding on the issue of his delinquency?
The Sixth Amendment to the Federal Constitution pro
vides, among other things, that “ [i]n all criminal prose
cutions the accused shall enjoy the right to a speedy and
public trial. . . Article I, Section 13, of the Constitu
tion of North Carolina prohibits conviction of any crime
except by jury verdict in “ open court.” This right to
a public trial is now applicable in both state and federal
courts by virtue of the Due Process Clause of the Four
teenth Amendment. “ In view of this nation’s historic
distrust of secret proceedings, their inherent dangers to
freedom, and the universal requirement of our federal
and state governments that criminal trials be public, the
Fourteenth Amendment’s guarantee that no one shall be
deprived of his liberty without due process of law means
at least that an accused cannot be thus sentenced to
prison.” In Re Oliver, 333 U.S. 257, 92 L.ed 682, 68
S.Ct. 499 (1948). The right of an adult charged with
crime to be publicly tried is thus firmly established as
a matter of constitutional law. See Annotation: Right
to Public Trial in Criminal Case— Federal Cases, 4 L.ed
2d 2128.
Juvenile proceeding's, however, stand in a different
light. Whatever may be their proper classification, they
certainly are not “ criminal prosecutions.” Nor is a find
ing of delinquency in a juvenile proceeding synonymous
with “ conviction of a crime.” It has never been the
practice in such proceedings, here or elsewhere, wholly
to exclude parents, relatives or friends, or to refuse juve
niles the benefit of counsel. Even so, such proceedings
are usually conducted without admitting the public gen
erally. See In Re Oliver, supra (333 U.S. 257, 266,
note 12). So long as proceedings in the juvenile court
meet the requirements of due process, they are consti
tutionally sound and must be upheld. This means that:
(1) The basic requirements of due process and fairness
must be satisfied in a juvenile court adjudication of de
linquency. Kent v United States, supra (383 U.S. 541,
16 L.ed 2d 84, 86 S.Ct. 1045 (1966)) : In Re Gault, supra
(387 U.S. 1, 18 L.ed 2d 527, 87 S.Ct. 1428 (1967)).
336
(2) The Fourteenth Amendment applies to prohibit the
use of a coerced confession of a juvenile. Haley v Ohio,
332 U.S. 596, 92 L.ed 224, 68 S.Ct. 302 (1948) ; Gallegos
v Colorado, 370 U.S. 49, 8 L.ed 2d 325, 82 S.Ct. 1209,
87 A.L.R. 2d 614 (1962). (3) Notice must be given in
juvenile proceedings which would be deemed constitu
tionally adequate in a civil or criminal proceeding; that
is, notice must be given the juvenile and his parents
sufficiently in advance of scheduled court proceedings to
afford them reasonable opportunity to prepare, and the
notice must set forth the alleged misconduct with par
ticularity. In Re Gault, supra. (4) In juvenile pro
ceedings to determine delinquency which may result in
commitment to an institution in which the juvenile’s
freedom is curtailed, the child and his parents must be
notified of the child’s right to counsel and, if unable to
afford counsel, to the appointment of same. In Re Gault,
supra. (5) Juvenile proceedings to determine delin
quency, as a result of which the juvenile may be com
mitted to a state institution, must be regarded as “crim
inal” for Fifth Amendment purposes of the privilege
against self-incrimination. The privilege applies in juve
nile proceedings the same as in adult criminal cases.
In Re Gault, supra.
We have been unable to find, and counsel has not
cited, any case holding that a public hearing in juvenile
proceedings is a constitutional requirement of due proc
ess. North Carolina has determined by statutory enact
ment that a public hearing is neither required nor in
the best interest of the youthful offender. We adhere to
that view. This assignment of error is therefore over
ruled.
3. Is the North Carolina Juvenile Court Act (Article
2 of Chapter 110 of the General Statutes) unconstitu
tional? Brief historical reference seems necessary and
appropriate.
The District Court Division of the General Court of
Justice was created by Chapter 310 of the 1965 Session
Laws, effective in the First Judicial District (embracing
Hyde County) on the first Monday in December 1966.
G.S. 7A-130, 131. As thus created the district court has
337
exclusive, original jurisdiction over cases involving juve
niles, “ as such jurisdiction is set forth in chapter 110,
article 2, of the General Statutes. This jurisdiction shall
be exercised solely by the district judge.” G.S. 7A-277.
Chapter 110, Article 2, of the General Statutes deline
ates the practices and procedures to be followed in juve
nile cases. G.S. 110-21 provides in pertinent part that
the superior court (now the district court by virtue of
G.S. 7A-277) “ shall have exclusive original jurisdiction
of any case of a child less than sixteen years of age
residing in . . . their respective districts: (1) Who is
delinquent or who violates any . . . State law . . . or
who is truant, unruly, wayward, or misdirected, or who
is disobedient to parents or beyond their control, or who
is in danger of becoming so. . . .” This statute makes
it the constant duty of the court to give each child sub
ject to its jurisdiction such oversight and control as
will conduce to the welfare of the child and to the best
interest of the State. In Re Morris, 224 N.C. 487, 31
S.E. 2d 539. It deals with delinquent children as wards
of the State and not as criminals. State v Burnett, 179
N.C. 735, 102 S.E. 711; State v Frazier, 254 N.C. 226,
118 S.E. 2d 556.
Appellants argue that the statute fails to define any
of the operative terms such as “ delinquent” , “unruly” ,
“ wayward” , “misdirected” and “disobedient” and contend
that the statute is therefore void for vagueness and un
certainty.
It is settled law that a statute may be void for vague
ness and uncertainty. “A statute wThich either forbids or
requires the doing of an act in terms so vague that men
of common intelligence must necessarily guess at its
meaning and differ as to its application violates the first
essential of due process of law.” 16 Am. Jur. 2d, Con
stitutional Law § 552; Cramp v Board of Public Instruc
tion, 368 U.S. 278, 7 L.ed 2d 285; 82 S.Ct. 275; State
v Hales, 256 N.C. 27, 122 S.E. 2d 768. Even so, im
possible standards of statutory clarity are not required
by the constitution. When the language of a statute
provides an adequate warning as to the conduct it con
demns and prescribes boundaries sufficiently distinct for
338
judges and juries to interpret and administer it uni
formly, constitutional requirements are fully met. United
States v Petrillo, 332 U.S. 1, 91 L.ed 1877, 67 S.Ct. 1538.
Here, James Lambert Howard was found to be delin
quent for the willful violation of (1) G.S. 14-132 which
provides, inter alia, that if any person “ shall make any
rude or riotous noise or be guilty of any disorderly con
duct” in any public building of any county, or shall
commit any nuisance in such building, he shall be guilty
of a misdemeanor; and (2) G.S. 14-273 which provides
in pertinent part that if any person “ shall wilfully in
terrupt or disturb any public or private school . . . or
injure any school building, or deface any school furniture
. . . or other school property, . . . he shall be guilty of
a misdemeanor” and fined not more than $50 or impris
oned not more than thirty days.
Barbara Burrus and the remaining juveniles were
found to be delinquent for the willful violation of G.S. 20-
174.1 which provides that no person “ shall wilfully stand,
sit, or lie upon the highway or street in such a manner as
to impede the regular flow of traffic.” Violation is pun
ishable by fine or imprisonment, or both, in the discretion
of the court.
There is nothing vague or indefinite about these stat
utes. Men— even children— of common intelligence can
comprehend what conduct is prohibited without overtax
ing the intellect. Judges and juries should be able to in
terpret and apply them uniformly. In State v Wiggins,
272 N.C. 147, 158 S.E. 2d 37, cert. den. 390 U.S. 1028,
20 L. ed 2d 285, 88 S.Ct. 1418, defendants were charged
with interrupting and disturbing the Southwestern High
School in Bertie County by picketing in front of the school
so as to interfere with classes, a violation of G.S. 14-273.
There, as here, defendants argued that the statute was
void because its prohibitions were uncertain, vague and
indefinite. In upholding that statute, the court said:
“ It is difficult to believe that the defendants are as mysti
fied as to the meaning of these ordinary English words as
. . . they profess to be in their brief. Clearly, they have
grossly underestimated the powers of comprehension pos
sessed by ‘men of common intelligence.’ ” That observa
tion seems appropriate here.
339
The Supreme Court of the United States in sustaining
a conviction in the court of New Jersey for a violation
of an ordinance forbidding the use of sound trucks emit
ting “ loud and raucous” sound, said: “ The contention that
the section is so vague, obscure and indefinite as to be
unenforceable merits only a passing reference. This ob
jection centers around the use of the words ‘loud and
raucous.’ While these are abstract words, they have
through daily use acquired a content that conveys to any
interested person a sufficiently accurate concept of what
is forbidden.” Kovacs v Cooper, 336 U.S. 77, 93 L.ed
513, 69 S.Ct. 488, 10 A.L.R. 2d 608 (1949).
There is nothing vague or mysterious about a statute
which provides that any child under sixteen years of age
who is delinquent or who violates any state law which
would subject an adult to punishment is amenable to the
supervision of the juvenile court. Simply stated, that is
the complete accusation against these children. It is not
alleged that they were unruly or wayward or misdirected
or disobedient or beyond the control of their parents.
Hence, it is unnecessary to wage a war of words regard
ing the clarity of vagueness, as the case may be, of such
terminology. We confine our discussion to the portion
of the statute under which these children were disciplined.
“ Generally, delinquent children . . . are children who com
mitted offenses against the law, or who are found to be
falling into bad habits, or to be incorrigible, or who know
ingly associate with vicious or immoral persons, or who
are growing up in idleness and crime.” 31 Am. Jur.,
Juvenile Courts, etc. § 36. A delinquent child is defined
in Black’s Law Dictionary 4th Ed. Rev. (1968) as “ an
infant of not more than specified age . . . who has violated
any law. . . .” This seems clear enough. The challenge
to these statutes based on vagueness is overruled.
Appellants seek to equate the protective custody of chil
dren under the juvenile laws of the State with the trial
and punishment of adults under the criminal statutes. By
so doing, they conclude that since a juvenile may be com
mitted “ during minority” (unless sooner released by the
proper authorities) he is required “to serve a longer pe
riod of confinement” than the criminal law visits upon
340
an adult for violation of the same statute. Therefore,
they argue, the juvenile statutes are constitutionally un
sound. The equation is a non sequitur; its rationale
fallacious. Nothing in Gault or other recent federal deci
sions support it. There are still many valid distinctions
between a criminal trial and a juvenile proceeding. It
suffices to say that the laws of this State and their ad
ministration by the District Court of Hyde County in
these cases comply in full measure with recent constitu
tional standards for juvenile proceedings laid down by
the United States Supreme Court in Gault. The record
discloses complete fairness on the part of Judge Ward.
The alleged misconduct of the children was stated with
particularity in the petitions and brought to the attention
of the juveniles and their parents in apt time. They were
given timely notice of the hearing and afforded adequate
opportunity to prepare for it. They were represented by
able counsel and faced their accusers with lengthy cross
examination. No statements or confessions, coerced or
otherwise, were offered against them. They were accord
ed and exercised the privilege of remaining silent and
declining to testify. Thus the basic requirements of due
process have been satisfied. The constitutionality of the
proceedings is fully sustained by Kent and Gault, supra,
and by our own decisions as well. These juvenile statutes
have been construed, applied and upheld in many deci
sions of this Court including State v Burnett, sunra (179
N.C. 735, 102 S.E. 711) ; State v Coble, 181 N.C. 554, 107
S.E. 132; In Re Hamilton, 182 N.C. 44, 108 S.E. 385; In
Re Coston, 187 N.C. 509, 122 S.E. 183; Winner v Brice,
212 N.C. 294, 193 S.E. 400. Furthermore, statutes simi
lar to our own have been held constitutional in over forty
states against a variety of attacks. In Re Gault, supra.
See Paulsen, Kent v United States: The Constitutional
Context of Juvenile Cases, 1966 Supreme Court Review
167, 174. Whatever may be the shortcomings of the juve
nile court, and there are many, we are not inclined to
hamstring the State in its efforts to deal with errant
children as wards of the State instead of criminals. The
Constitution does not require such mischievous meddling.
We follow the rule that statutes will not be declared un
341
constitutional unless they are clearly so. Hobbs v Moore
County, 267 N.C. 665, 149 S.E. 2d 1; State v Warren,
252 N.C. 690, 114 S.E. 2d 660. Appellants’ challenge to
the constitutionality of Article 2, Chapter 110 of the Gen
eral Statutes is overruled.
4. Did the juvenile court judge err by preventing an
appeal in forma pauperis in these proceedings?
An appeal may be taken away from any order or judg
ment of the juvenile court to the North Carolina Court
of Appeals in all cases. When an appeal is thus taken
the district judge must summarize the evidence and make
findings of fact. All appeals are on the record on ques
tions of law or legal inference. G.S. 7A-195; G.S. 110-
40. By way of contrast, it should be noted that appeals
from the district court in criminal cases are taken to the
superior court for trial de novo before a jury. G.S. 7A-
196(e). Thus, juvenile court proceedings in the district
court are not classified as “ criminal cases” appealable to
the superior court; and statutes on criminal procedure,
dealing with appointment of counsel for indigent de
fendants and permitting them to appeal in forma pau
peris, have no application and offer no solution to the
problem before us.
Appeals in forma pauperis in civil actions tried in su
perior court are governed by G.S. 1-288 which provides,
in pertinent part, that “ [w]hen any party to a civil ac
tion tried and determined in the superior court . . . de
sires an appeal from the judgment rendered in the action
. . . and is unable, by reason of his poverty, to make the
deposit or to give the security required by law for said
appeal, it shall be the duty of the judge . . . of said
superior court to make an order allowing said party to
appeal . . . wuthout giving security therefor. The party
desiring to appeal . . . shall . . . make affidavit that he
is unable by reason of his poverty to give the security
required by law, and that he is advised by a practicing
attorney that there is error in matter of law7 in the deci
sion of the superior court in said action. The affidavit
must be accompanied by a written statement from a prac
ticing attorney . . . that he has examined the affiant’s
342
case, and is of opinion that the decision of the superior
court, in said action, is contrary to law.”
G.S. 7A-193 provides: “ Except as otherwise provided
in this chapter, the civil procedure provided in chapter 1
of the General Statutes applies in the district court divi
sion of the General Court of Justice. Where there is
reference in chapter 1 of the General Statutes to the
superior court, it shall be deemed to refer also to the
district court in respect of causes in the district court
division.” It is not “ otherwise provided” in Chapter 7A
of the General Statutes. It therefore follows that G.S.
1-288 is applicable to appeals in civil actions and juvenile
proceedings tried in the district court. Compliance with
its terms was necessary to entitle appellants to an order
allowing them to appeal in forma pauperis. The require
ments are mandatory and must be observed. Anderson
v Worthington, 238 N.C. 577, 78 S.E. 2d 333; Williams
v Tillman, 229 N.C. 434, 50 S.E. 2d 33; Clark v Clark,
225 N.C. 687, 36 S.E. 2d 261; Franklin v Gentry, 222
N.C. 41, 21 S.E. 2d 828; Mclntire v Mclntire, 203 N.C.
631, 166 S.E. 732. Since the required affidavit and
certificate of counsel were not filed in compliance with
the statute, the Court of Appeals concluded that the dis
trict court judge committed no error in declining to issue
an order providing for an appeal in forma pauperis. We
concur and note parenthetically that no prejudice has re
sulted to the juveniles involved. Their appeals have been
prepared, docketed and heard by both courts in the Ap
pellate Division of the General Court of Justice. They
have been diligently represented by able counsel. While
this may not conclusively rebut the suggestion of indi
gency, it conclusively shows that lack of an order provid
ing for appeals in forma pauperis was harmless.
When there is error on the face of the record an ap
peal presents the matter for review, and the judgment
may be modified to conform to legal requirements. James
v Pretlow, 242 N.C. 102, 86 S.E. 2d 759; Smith v Smith,
223 N.C. 433, 27 S.E. 2d 137; Sheets v Walsh, 215 N.C.
711, 2 S.E. 2d 861.
We note ex mero motu that the “ Order of Commitment
and Probation” signed by the able and patient judge in
343
each of these cases exceeds the disposition authorized by
G.S. 110-29. That statute provides that the court, if
satisfied that the child is in need of the care, protection,
or discipline of the State, may so adjudicate, and may
find the child to be delinquent, neglected, or in need of
more suitable guidance. Thereupon the court may: ̂ (1)
place the child on probation subject to named conditions;
or (2) commit the child to the custody of a relative, etc. ;
or (3) commit the child to the custody of the County De
partment of Public Welfare to be placed by said depart
ment in an institution maintained by the State; or (4)
commit the child directly to an appropriate State or pri
vate institution or family home; or (5) render such fur
ther judgment or make such further order of commit
ment as may be authorized by law. These authorized
dispositions are stated in the alternative. The judge may
use any one of them but is not empowered to use two or
more at the same time. When he placed each child on
probation subject to the conditions named in the order,
he exhausted his immediate authority. Therefore, that
portion of the order in each case which adjudged that the
juvenile be “ committed to the custody of the Hyde County
Department of Public Welfare to be placed by said de
partment in a suitable institution maintained by the
State for the care of delinquents (as said institutions^are
enumerated in G.S. 134-91), after having first received
notice from the superintendent of said institution that
such person can be received, and held by said institu
tion for no definite term but until such time as The Board
of Juvenile Correction or the Superintendent of said in
stitution may determine, not inconsistent with the laws
of this State” is unauthorized and must be deleted. Each
judgment is accordingly modified by deleting the quoted
portion together with the words “ this commitment is sus
pended and said child,” which are now redundant.
When a child is placed on probation, as here, the judge
determines the duration and conditions thereof, and may
modify same at any time. Probation may be revoked at
any time the court finds the conditions of probation have
been breached. The court may then commit the juvenile
or make such other disposition as it might have made at
344
the time the child was placed on probation. G.S. 110-32.
The result reached by the Court of Appeals in all other
respects is affirmed. Let the cases be remanded to the
Court of Appeals for certification to the District Court
of Hyde County for compliance with this opinion.
MODIFIED and AFFIRMED.
/s / [Illegible]
A TRUE COPY
/s / Adrian J. Newton
Clerk of the Supreme Court of North Carolina.
IN THE SUPREME COURT OF THE
STATE OF NORTH CAROLINA
345
In Re : Barbara Burrus, Sara W hitney,
Darlene McCoy et al
No. 15, Fall Term, 1969
Appeal Docketed
Case Argued
Opinion Filed
Final Judgment Entered
13 June 1969
10 September 1969
16 October 1969
16 October 1969
I, Adrian J. Newton, Clerk of the Supreme Court of
North Carolina, do hereby certify the foregoing to be
a full, true and perfect copy of the record and the pro
ceedings in the above entitled case, as the same now ap
pear from the originals on file in my office.
I further certify that the rules of this court prohibit the
filing of petitions to rehear in criminal cases.
In testimony wdiereof, I have hereunto set my hand and
affixed the seal of said Court at office in Raleigh, North
Carolina, this the 3rd day of December, 1969.
/s / Adrian J. Newton
Clerk of the Supreme Court of North Carolina.
346
SUPREME COURT OF THE UNITED STATES
No. 1544 Misc., October Term, 1969
In Re Burrus, et al., petitioners
On petition for writ of Certiorari to the Supreme Court
of the State of North Carolina.
On consideration of the motion for leave to proceed
herein in forma pauperis and of the petition for writ of
certiorari, it is ordered by this Court that the motion to
proceed in forma pauperis be, and the same is hereby,
granted; and that the petition for writ of certiorari be,
and the same is hereby, granted. The case is transferred
to the appellate docket as No. 1441 and placed on the
summary calendar.
And it is further ordered that the duly certified copy
of the transcript of the proceeding below which accompa
nied the petition shall be treated as though filed in re
sponse to such writ.
April 20, 1970
U. S . GOVERNMENT PRINTING OFFICE; 1 9 7 0 3 8 4 5 3 1 6 9 6