Dooley pardon denied

Easley says no to request, plans underway to refile

By JERRY LANKFORD

Record Editor

No pardon for Tom Dooley.

Gov. Mike Easley denied a request from The Record and Wilkes Playmakers to grant a pardon to Tom (Thomas C. Dula) Dooley.

A letter sent by Barry Jenkins, the Governor’s Clemency Administrator, stated, “This is to inform you that your request for a pardon on behalf of Thomas C. Dula has been denied. If you wish to reapply, you may do so three years from the date of this letter,”

The letter was dated Jan. 9, and was send to Record Publisher Ken Welborn, Record Editor Jerry Lankford and Karen Reynolds of Wilkes Playmakers,

Jenkins, when contacted by The Record on Monday, was asked why the pardon had been denied.

“He (the governor) never gives any reason why he grants or denies a pardon,” Jenkins said during a phone interview. “He (Easley) gave no pardons when he was leaving office.”

Easley’s last day on the job was Friday, Jan. 9.

He was succeeded by Beverly Perdue, who made history Saturday, Jan. 10, when she was sworn in as North Carolina’s first female governor.

Perdue, however, will get a chance to look at the pardon request in three years.

Record Publisher Ken Welborn says he plans to push to resubmit the pardon request. Reynolds, who wrote the stage production Tom Dooley: A Wilkes County Legend, agreed.

 “We’re going to find out if there is any avenue for appeal and we will re-file,” Welborn said. “I also think it was typical for the all too often invisible Gov. Easley to do this and not tell anyone, as he’s walking out the door for good. We will not let this rest.”

Welborn added, “A pardon doesn’t say he didn’t do it. A pardon says he has suffered enough. I think Tom Dooley has long since met this standard.”

 “We’ll make sure that this doesn’t get swept under the rug,” Reynolds said. “We’ll make sure the new governor has to consider this.”

Reynolds said she is skeptical about how the pardon request was handled.

“I don’t know if it was ever seriously considered,” she said. “I just think they cleared off their desk after the elections.”

The pardon request, prepared by the McElwee law firm of North Wilkesboro, was delivered to the Jenkins in June 2002. Reynolds, Welborn, and Playmakers founding member Steve Critz met with Jenkins and presented him with the thick packet of documents.

Sandra Watts, a Wilkes-based historic researcher, went to the State Archives in Raleigh and found old court records pertaining to the Dooley murder trial.

As for the pardon being denied, Watts said, “I had mixed feelings about it. Even though we all want to think he’s not guilty, we don’t know that for a fact.”

Dooley was accused of the 1866 stabbing death of Laura Foster. He was hanged for the crime in 1868.

The tragic story was made famous worldwide by The Kingston Trio’s recording of the ballad in the 1950s.  

Reynolds’ play rekindled interest in the saga when it premiered in 2001 at Benton Hall in North Wilkesboro. After the intention to seek a pardon was announced, media outlets from across the country and around the world latched on to the story.

While researching old court transcripts, staff at The Record and members of the Playmakers found discrepancies in the case. Those included testimony from Pauline (Perline) Foster, who was the housemaid of Dooley’s married lover, Anne Melton.

Although dozens of residents of Elkville (now Ferguson) testified in Dooley’s two murder trials, much of that testimony conflicted. Other points made in the initial pardon request cited that Dooley’s conviction was based entirely on circumstantial evidence and that no murder weapon has been found.

 Laura Foster, according to court testimony, had been pregnant at the time of her death - some believed that Dooley was the father. At the trials in Iredell County - where the case was moved because of heavy publicity - witnesses stated that Dooley and Laura Foster planned to marry. After the woman’s body was found in a shallow grave on a hill above Reedy Branch, Dooley and Melton, —  his childhood sweetheart — Anne Melton - with whom Dooley reportedly continued his love relationship although she was married - were arrested. The state’s key witness in Dooley’s first trial and an appeal hearing was Pauline Foster. She was a cousin to both Melton and Laura Foster, and worked in the Melton home.

  Pauline Foster testified that she acted as “a blind,” or a distraction, to Melton’s husband. The reason, she said, was so that Dooley and Melton could carry on their affair. Melton was excused from the murder charge after Dooley wrote a confession the night before he was hanged. In that statement he wrote that he acted alone in the murder. Dooley, just before his execution, however, told the assembled crowd that he never harmed Laura Foster.

 Popular belief is that Melton, possibly with the help of her housemaid, killed Laura Foster. Others believe that Dooley may have known about the murder and helped bury the body. Although the dead woman’s legs had been broken so that she would fit in the small grave, a handkerchief was placed over her face - which some believe Dooley might have done as a final act of kindness.

A pardon would not erase all the tarnish from Dooley’s name. “A pardon forgives a person for a crime,” Jenkins said. “Only a court can expunge someone of a crime.”

Jenkins said that his office processes between 300 and 400 pardon requests each year. Most, however, involve recent cases. Another old case investigated by Jenkins involved the 1833 hanging of Frances “Frankie” Silver in Burke County. Silver was accused of killing her husband, dismembering the body and burning it in a fireplace. That pardon request was denied several years ago.

 

Wilkes Quilters donate quilt for sailor's memorial
By REBECCA TRIPLETT-JOHNSON

For The Record

 Members of The Wilkes County Quilters donated their time and talents in creating a hand stitched quilt to help in the fund raising efforts for the Chris Thompson Memorial concession stand at North Wilkes High School.   Proceeds raised from the quilt raffle will go to construction costs of the facility.
     Petty Officer Third Class Christopher Thompson was a native of Wilkes County and attended North Wilkes High School where he was active in sports and ROTC.  Thompson was a hospital corpsman in the US Navy and was attached to the US Marine Corps in Camp Leujune.  During his military career he received the National Defense Service Medal, Sea Service Deployment Ribbon 3rd Award, Good Conduct Award, Combat Action Ribbon Operation Iraqi Freedom, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Iraqi Campaign Medal, Joint Meritorious Unit Award, The Navy and Marine Commendation with Valor and the Purple Heart.
      Thompson was killed in action on October 21, 2005 from an IED explosion while conducting combat operations in Iraq.  
      Thompson's parents, brothers David Thompson and wife Mellissa, Jimmy Epley and wife Krista, grandmother Statia Thompson Epley and many other family and friends were honored by North Wilkes High School in 2008 when it was announced that the new concession stand would be named in memory of Thompson.  Funding is currently being raised for the memorial project.
       The Wilkes County Quilters have worked hard over the years to maintaining and continue the heritage and art of quilting which dates back to the pharaohs of 3400 BC before traveling around the world with explorers.  The American quilt became standard pieces of home furnishings in the early days of our country as cultures from all over the world brought quilts of every pattern and material to the New World.  Not only were quilts needed for warmth, they also became a canvas on which to display intricate stitching and techniques.
       One of the most common aspects of American quilting has been the coming together of families and communities in sewing circles, or bees, to create the material masterpieces.  Upon completion, many were given as wedding gifts while others were donated to families in need of warm bedding  
       The coming together in the making and giving of quilts is a legacy once again shown by the kindness of the Wilkes County Quilters as they present the quilt to the Thompson family for such an outstanding and honorable purpose.
        Raffle tickets are being sold for $1 each or six for $5 and may be purchased from North High Booster Club and Wilkes Quilters Guild members.  The drawing will be held on April 4.

 

 

       

Soldiers bring service to Wilkes during training mission
 By REBECCA TRIPLETT-JOHNSON

For The Record

Nine soldiers from the 37th Engineer Battalion out of Fort Bragg, North Carolina, set up camp in the woods of Wilkes County last week as they worked from day light to dark for ten days building a new gate house at the entrance of Warrior Creek campground at W. Kerr Scott Lake. 
    The 37th Battalion is made up of carpenters and electricians whose main objective is to design, engineer and complete construction projects in war torn areas, disaster areas or any site that is in dire need of fast services to aide in survival and safety.
    The Army Corps of Engineers and Engineer Battalions from Fort Bragg began this partnership in April of 2008.  Through the coordination and meticulous planning of both teams, construction of a bath house was completed in May, 2008, by the HHC 27th Battalion {Combat Airborne} Army Unit in Fort Hamby. 
  Not only do the hundreds of labor intensive man hours save thousands of dollars in construction cost, it also provides much needed and required training for each member of the battalion as they hone the skills and techniques that will be needed when they are deployed on missions around the globe.   
    Kerr Scott Operations Manager, Terry Ramsey, praised the efforts of the Battalions.
"The partnership that has been formed between the Corps of Engineers and the Engineer Battalions of Fort Bragg is a fantastic opportunity for Kerr Scott to achieve construction needs that would otherwise be too far over budget, due to labor costs, for us to complete.  The Units are giving of themselves in time, energy and knowledge to help us fulfill our much needed goals while enabling us to meet our budget requirements.  In turn, their efforts are giving these outstanding men and women the training and knowledge they have to have in order to carry out important missions in their military careers.  I can't say enough about the hard work ethics and strong intent each soldier has demonstrated while living and working at K. Scott.  We will forever be grateful and indebted to each individual and Unit for all they have accomplished in our parks," concluded Ramsey.
    The Deputy Commander of the Wilmington District, Major Christian Sulit, visited the troops at the worksite on Monday. 

     "Anytime you can train and get a good product from that training it's a win win situation," stated Sulit.  "The partnership between the Ft. Bragg Troops and the Army Corps of Engineers is great.  This is part of the soldier's train up for a bigger mission ahead.  I definitely feel that this type of partnership project will be pursued in the future because we have the 20th Engineer Brigade stationed at Fort Bragg and we will continue to seek out activities for future partnerships with them due to our engineering lineage," concluded Sulit. 

       The soldiers had great attitudes about their daily work and took responsibilities very seriously.  Sgt. 1st Class Brian Money was glad to be part of this mission.

       "These projects are great opportunities for new soldiers to train before they get into combat situations," said Money. "There is also the added benefit of helping the community. It's good for civilians to see that their military actively supports them.  In turn, we have been overwhelmed by how this community has supported us. We've been fed so many good meals and the laundromat even stayed open late so we could get our clothes dried.  We really appreciate it. By the way, a big shout out to Mike's Bait and Tackle!"

       When the winds howled and temperatures dipped into the twenties, soldiers from the 37th slept in the woods of Warrior Creek with only the gear and equipment they brought with them.  They expressed much gratitude toward the staff at W. Kerr Scott Lake and others in Wilkes who made their time here a warm and welcoming experience, in spite of the weather.

       Friends of the Lake and Wilkes County businesses hosted the soldiers during their ten day stay and provided them with hot meals of which they were very appreciative.  The soldiers wanted to thank each business that served them.

       Lowes Foods Stores { Hwy 115, Hwy 18N, Hwy 421, Midtown}, Hardees, Bojangles, The Cottage House, Tipton's, Brushy Mountain Smokehouse, Amalfi's, Applebee's, Bill Joyner who served chili and hot cider and Chad Eller from the Cue Tang Clan BBQ Team who smoked ribs.

       All nine of the soldiers will deploy to Iraq this summer.

      

 

 

 

 

 

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Community Happenings

The Wilkes Art Gallery Gift Shop is having a sale. The first annual New Year Sale begins today and continues through next Friday.  Everything is for sale. Don't miss this opportunity to get great hand-crafted gifts and accessories at huge discounts.  The Gallery Gift Shop is open Tuesday through Friday from 10am to 5pm and Saturday from 10 a.m. to 2 p.m.  The Shop will be open this Friday, Jan. 9 until 8 p.m. for the Opening Reception for the Art of the High Country.

The Art of the High Country featuring 11 artists working in a variety of media begins this Friday with an Opening Reception from 6 p.m. -8 p.m.  The event is free and open to the public.  The exhibit, sponsored in part by MECI, will be on display through Feb. 28.

The Men in Christ Ministry will host their third annual Commemorative Breakfast honoring the late Dr. Martin Luther King, Jr. on Monday, Jan. 19, at the Stone Family Center for the Performing Arts in Wilkesboro from 8:30 a.m. to 10 a.m.

The tickets are $10 with children under twelve admitted free. The proceeds of this event will benefit the Men in Christ Community Fund. Local, Regional and political dignitaries will be the highlight of the breakfast with the Rev. Millard Harris as the key note speaker.

Those who wish to attend are asked to RSVP Curtis Blaine Lomax at 336-262-8262 or Kenneth Turner at 336-667-4774.

The 4th Annual INTERNATIONAL FESTIVAL for Wilkes County families from around the world will be held at Central Wilkes Middle School on March 1, 2009 from 3:30 pm-6:30 pm.  This year's festival will include booths and displays set up by various cultural groups, games for children, food from different countries, door prizes, and a talent show.  Everyone should bring a covered dish. Please join us in the FREE food and fun activities. Come and meet new people from various cultures.  Send questions to baileyge@wilkes.k12.nc.us

The 22nd Annual Grove Park Inn Arts and Crafts Conference and Antique Show will be held at the Grove Park Inn in Asheville beginning February 20-22.  If you are interested in attending or starting a local Arts and Crafts Club, call Angela at 336-927-5535.