Asheville Citizen-Times from Asheville, North Carolina • Page 32

1CL Boone Woman Stabbed Ashevllle Cltlien Times, fred, Jan. 1988 VV With Sharp Instrument, Source In China Says Murder Suspects Jon Eric Clemmer, 22, and Darren Harold Waldrop, 22, both of Gastonla, appear in Watauga Superior Court in Boone Tuesday to be tried for first-degree murder in the killing of Jabe Vernon Hardee, an Appalachian State University student. 6 Jurors Selected For Trial In Killing Of ASU Student Chinese authorities generally are swift to make arrests in the rare cases of crimes against foreigners. When a Chinese-American teacher was slain in June on the Beijing-Canton train, police arrested two suspects two days later. They were convicted and executed.

Williamsen said the Kindts plan to return to Boone within a week to 10 days. He said the Chinese police have maintained an intensive investigation since Johnston's death, assigning 17 officers full-time. Johnston had no known medical problems. "There was some blood on the lower blanket under her body, but Dr. Kindt did not see marks on his daughter's body," Williamsen said.

Williamsen said Kindt told him Chinese officials had taken the passport of a Canadian student they were questioning, but they returned it to him. Mrs. Kindt found her daughter dead after entering her daughter's bedroom about 8 a.m. Saturday to wake her for a telephone call, Williamsen said. Doctors' attempts to revive her failed.

Williamsen, who has spoken with the Kindts, said there were no signs of violence or forced entry in the bedroom. A wall surrounds the townhouse complex that housed the Kindts and the families of three other U.S. professors. "Nothing like this has happened," Williamsen said. "The Chinese have always looked after us so carefully.

it Murders are rare in Shenyang, which has a metropolitan population of more than 5 million, Williamsen said. Johnston's death shocked those who knew her in Boone, where she was considered a bright student and accomplished violinist. At Watauga High School, where she graduated with honors in 1987, Principal Jim Daye recalled her excitement about the trip to China. It didn't surprise him to learn that Johnston ended up helping teach English to Chinese college students. "In fact although this isn't allowed in the state of North Carolina I wouldn't have hesitated to let her teach a freshman English class here," Daye said.

"She was that good." The Associated Press BKIJING An 18-year-old American woman found dead in her apartment in the northeast China city of Shenyang was stabbed in the head with a sharp instrument, a source in Shenyang said Tuesday. The Western source, speaking on condition of anonymity, said Erin Elizabeth Johnston was probably murdered between 12:30 and 1 a.m. Saturday. An Appalachian State University professor in contact with the family also said autopsy report showed that Johnston had been killed by a blow to the head with a sharp instrument. "We have to believe that the Chinese authorities who are conducting such an intensive investigation have reason to believe there is the possibility of foul play," Dr.

Marvin Williamsen said Monday. "It's just that those of us who have lived there find it hard to imagine how such a thing could have happened in that situation." The U.S. Embassy in Beijing has confirmed that Johnston, of Boone, N.C., was a victim of homicide. But the embassy and Chinese police have released no other details of her death, and there have been no reported arrests. The source said Johnston's mother, Mary Jo Kindt, heard a scream between 12:30 and 1 a.m.

but thought it came from the room of her two smaller children. She did not check Miss Johnston's room in the back of the apartment. The source said it was unclear whether there had been a struggle or whether anything had been taken. Other unconfirmed reports have said money was taken. The assailant apparently entered through the front door of the second-story apartment at the Northeast University of Technology in Shenyang, Maoning province, where Johnston, her mother and her stepfather Allen Kindt, had been teaching English since August.

They came to China in August under a one-year exchange program between Northeast University and ASU in Boone. The sources said the parents want to take the body back to North Carolina for burial, but police have not said when they will return it. Williamsen, who directs ASU's exchange program with China, said an autopsy report released Tuesday showed Johnston received injuries to the brain from a sharp instrument. Jon Eric Clemmer, 22, and Darren Harold Waldrop, 22, are on trial In Watauga County Superior Court charged with first-degree murder In the shooting death of ASU sophomore Jabe Hardee, 19, of Wilmington. The Associated Press BOONE Attorneys for two Gastonia men accused of killing an Appalachian State University student at a fraternity party questioned prospective jurors Tuesday about their views on alcohol consumption, handgun ownership and law enforcement officers.

Four men and two women have been approved, and jury selection was expected to continue Wednesday. Jon Eric Clemmer, 22, and Darren Harold Waldrop, 22, are on trial in Watauga County Superior Court charged with first-degree murder in the shooting death of ASU sophomore Jabe Hardee, 19, of Wilmington. Throughout most of Tuesday morning, Jim Kunder-burk, Waldrop's attorney, questioned prospective jurors about their feelings about drinking, guns and police. He told jurors Waldrop may not take the stand in his own defense, but jurors would see "shocking, frank pictures of the deceased." "You see deaths on TV, but very few people have to see it in real life any more," he told a group of eight or nine prospective jurors already approved by prosecutors. District Attorney Tom Rusher told prospective jurors they would be on a "fact-finding mission." "This is not a question of assuaging any sorrow," he said.

Before a lunch recess, Tim Harris, an attorney for Clemmer's parents, told jurors that unlike Waldrop, Clemmer would take the stand in his own behalf. "Moral guilt might be involved, but Jon Clemmer is on trial for a legal crime, not a moral crime," Harris said. Durham County Backs Renaming Parkway For; King Harris' fees are being paid I'roni a $15,000 fund raised by the Clemmers' parish, Holy Trinity Church in Gastonia. Harris also quizzed jurors on their previous experiences at fraternity parties. Hardee died of a gunshot wound to the head outside a party at the Pi Kappa Phi fraternity house in Boone on July 11.

Clemmer and Waldrop were arrested a short time later when their car was stopped for driving left of the center line. Two handguns and ammunition were found in the car. The courtroom was virtually empty Tuesday morning except for the victim's mother, Shirley Hardee, and other relatives of the victim and the defendants. Rusher has not asked for the death penalty, saying there were no aggravating circumstances that would require it. iial the commissioners could act on Monday night.

Bell said, however, that the idea originated with others in the community. "By no means are we trying to take the lead, but we will be supportive," he said. Other local governments who have jurisdiction over the parkway's route including the City of Durham must approve the renaming before it can be submitted to the state Board of Transportation. The Associated Press DURHAM The Durham County Commissioners have endorsed renaming the Southern Parkway for Dr. Martin Luther King Jr.

Naming of the "Martin Luther King Parkway" was broached last week at a celebration honoring King's birthday, Commission Chairman Bill Bell said. He added that he had asked County Manager Jack Bond to draw up a resolution of support for the idea stllule Trustee, default having combe Hudiic Kegistry. Legal Notices Pursuant to an Order of the Clerk of Superior Court of Buncombe County, North Carolina, dated Jnnnnrv 13. lonn Democrats Clash; Watauga's Bingham Enters Race For Labor Commissioner NOTICE OF DISSOLUTION OF JAMES T. LITTLEJOHN, M.D., P.

A. iv and under and by virtue of the uecn muae in ine payment of the Indebtedness secured thereby, whereby the power of sale contained therein has become operative and the holder of the indebtedness having demanded a foreclosure thereof for the purpose of satisfying said Indebtedness, the undersigned Substitute Trustee will on February 4, 1988 offer for sale at 1 1 :20 o'clock a.m. ot the Courthouse Door In the City of Asheville, County of Buncombe, North Carolina, the NOTICE IS HEREBY GIVEN that Articles of Dissolution nl iuiiuwiiiv uescrioea iraci ot land; James T. Lfttlelohn, M.D., P.A., a North Carolina corporation, were filed In the office of the Secretary of State of North Carolina on the 22nd day of December, 1987, and that all creditors ot and claimants against the corporation are required to present their respective claims and demands immediately In writing to the corporation so that It can proceed to collect its assets, convey and dispose of Its properties. hutvci vi sum in mat certain deed of trust executed by Melvln L.

Clemmons, to William E. Anderson, Trustee, recorded in Deed of Trust Book 1089, at Page 496, Buncombe County Public Registry, North Carolina, and under and by virtue of the authority vested in the undersigned Substitute Trustee, default having been made in the payment of the indebtedness secured thereby, whereby the power of sale contained therein has become operative and the holder of the Indebtedness having demanded a foreclosure thereof for the purpose of satisfying said indebtedness, the undersigned Substitute Trustee will on February 4, 1988 offer for sale at 11 :10 o'clock a.m. at the Courthouse Door In the City of Ashevllle, County of Sun-combe, North Carolina, the following described tract of land; BEiNNiNGata stake on the southwest margin of Flint Street, 60 feet In a southeast direction from the Intersection of said margin of said Street, with the southeast margin of Magnolia Street, and runs with said margin of Flint Street ay, saiisiv ana aiscnarge its labilities and nbllantinns nnri do all other acts required to oouin jo aegrees iv minutes East 70 feet to a slake; thence South 55 dearpfl 31 mlnntnc nquiaaie us Dusiness ana West 193 feet to a stake on the northeast margin of an alley; thence with said margin of said alley North 35 degtrees 21 acknowledged he faces an uphill battle in seeking to unseat Brooks, who filed for a fourth four-year term this month. But he said Brooks did not enjoy an overwhelming advantage in name recognition because most North Carolinians do not know who the labor commissioner is or what his department does. Bingham said that under Brooks, the Department of Labor had focused almost exclusively on worker safety.

"Economics should be the fundamental concern of the department rather than regulation," he said. "Public safety is obviously critical for the workplace, but the lifeblood of the work force of North Carolina is economics." If elected, Bingham said, he would push for expansion of the department's education division and make it the "beachhead for a change in direction." He said he would make the department a "partner" with the governor, General Assembly and agencies in promoting economic growth. person and a leader for the work force," Bingham said at a news conference. The four Democratic candidates for lieutenant governor Monday participated in a 90-minute candidates' forum at Wake Forest University. Democratic candidates Frank Jordan of Rockingham and Bob Hannon of Greensboro did not attend.

The "comparative fault" issue has been contested hotly in the General Assembly over the past several years. North Carolina is one of six states that uses in its civil justice system the concept of contributory negligence, which bars accident victims from recovering any damages if their negligence contributed to the accident in any way. The Senate last year passed a bill that would have created a modified system, allowing accident victims to win partial compensation for their injuries if juries found them less at fault than the defendants. But after a strong lobbying effort by business groups, the House killed the measure. Bingham, the labor commissioner candidate, The Associated Press The long-running battle over whether North Carolina should make it easier for accident victims to collect damages in lawsuits divided the Democratic candidates for lieutenant governor in a debate.

Backing the change in the state's civil justice system were former state Rep. H. Parks Helms, Sen. Anthony E. Rand, D-Cumberland, and Rep.

Jim Crawford, D-Granville. Voicing support for the current system was Sen. Harold W. Hardison, D-Lenoir. Meanwhile, a Watauga County businessman filed for the Democratic nomination for state labor commissioner.

Bob Bingham, a former president of North Carolina Young Democrats, said three-term incumbent John Brooks had been ineffective in preparing the state's work force for jobs of the future. "One only needs the ability to get along with other state leaders, and the willingness to cooperate with other state leaders, to become a spokes This the 4th day of January, nmiiues wesi teet to a Stake, fit thp cnulhuuacl r-nrnar of Lot No. 1 of Block 2 of the JAMES T. LITTLEJOHN, M.D., P.A. co Van Winkle, Buck, Wall, Starnesand Davis, P.A.

P.O. Box 7376 Asheville, NC (704) 256-2991 Janaurvl3, 20, 27, 1968 February 3, 1988 (4552) piai nereinatter referred to; thence with the southern line of sold Lot No. 1 North 55 degrees 31 minutes East 111.1 feet to a stake; thence North 35 degrees 47 minteus West 20 feet to a stake; thence North 55 degrees 52 minutes East 80.6 feet to the BEGINNING. BEINNING at an Iron pipe North 2 degrees East 120.85 feet from the intersection of the north margin of Chestnut Street and the east margin of Madison Avenue and running thence with the east margin of Madison Avenue North 2 degrees Eost 63. 15 feet to a cacus hub; thence South 87 degrees 49 minutes East 40 feet to E.

Baird'swest line; thence with soid Balrd line South 2 degrees West 63.15 feel to a locust hub; thence North 87 degrees 49 40 ,0 NOTICE TO CREDITORS STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE FlleNo.87E 1416 ALSO BEING a portion of the I The Comfort Index Roll Call Report BEING the northern 50 feet of Lot No. 2 and the eastern 60.6 feet of the southern 20 teet of Lot No. 1 ot Block 2 as shown on a plat recorded in the Oftlce of the Register of Deeds for Buncombe County, North Carolina in Plat Book 89 at pages 60 and 61. ALSO BEING Tract of Quitclaim Deed from Carolyn Clemmons to Melvln L. Clemmons, recorded on August 19, 1985 in Deed Book 1400 at Page 239 of the Buncombe County Registry, and being the same property as described in Deed of Trust Book 097, at Page 513, in said HiuneriY conveyea to the Grantor above by Quitclaim peed recorded in Deed Book HAVING qualified as Executor of the Estate of Katherine Dead Or Alive? Man Survives Hour combe County Registry, being Meade Ryan, deceased, late of i.e.

wmiv HiuMcny aescrmea in Deed of Trust Book 1089, at Page 496, In said Registry. The record owner of the Buncomoe loumv. Norm Carolina, this Is to notify all persons, firms and corporations having claims against the estate of said deceased to exhibit them to the undersigned on or before the 15th dav of Julv. uej i vui properly as reflected on the records of 1988, or this Notice will be pieaaea in oar ot ineir recov erv. All persons Indebted tc said estate will please make immeiaate payment.

The record owner of the above-described real property as reflected on the records of the Buncombe County Register of Deeds not more than ten (10) days prior to the posting of this Notice Is Melvln L. Clemmons. This the 5th day of January, 1966. THOMAS A. MEADE and CARL A.

HYLDBURG, Co-Executors of the Estate of Katherine Meade Ryan Carl A. Hyldburg Attorney 17 North Market Street Ashevllle, NC 28801 January 6, 13, 20, 27. 1988 (4543) This sale will be made sublect to any outstanding taxos, leasehold Interests, easements, reslrlrtlnrm. nnri rlnht of way of record, i ouiitumue ounty Kegis-KCPL0615 not more thon ten (10) days prior to the posting of this Notice Is Melvln Clemmons. This sale will be made sublect 1 onv.

outstanding taxes, leasehold interests, easements, restrictions, and rights of way of record. The highest bidder at sale may be required to post a cash de- posit of ton (10) percent ot the amount of the bid up to and including $1,000.00, plus five (5) percent of any excess over $1,000.00. 1988 d0V Januarv' WILLIAM F.WOLCOTT, III Substitute Trustee Shuford, Best, Rowe, Brondyke Wolcott A P.O. Box 1530 Ashevllle, NC 28802 (704) 256-2211 U.S. House 1 23 4 56789 Walter Jones, D-1 Tim Valentine, D-2 Martin Lancaster, D-3 David Price, D-4 Stephen Neal, D-5 Howard Coble, R-6 Charles Rose, D-7 W.G.

Hefner, D-8 Alex McMillan, R-9 Cass Ballanger, R-10 James Clarke, D-1 1 U.S. Senate Jesse Helms, Terry Sanford, The highest bidder at sale may i cmum vu iu Musi a casn of ten (10) percent of mic ui'iuuim ui i ne ma up ia ana Including $1,000.00, plus five OI an excess over $1,000.00. i This me 13th day of January, WASHINGTON Members of Congress showed once again in 1987 that it's much easier for them to preach frugality for the rest of the country than to practice it themselves. While the great majority of members spent the year denouncing budget deficits and counseling their constituents to expect less from the federal government, the Congress as a whole was going in the other direction actually increasing spending on itself at a rate that outstripped inflation. Congress in December 1987 passed legislative branch appropriations bills, covering fiscal 1988, that were nearly 6 percent higher than the ones it approved 12 months earlier for the preceding fiscal year.

By comparison, inflation as measured by the Consumer Price Index rose by 4.5 percent between December 1986 and December 1987, and for the year averaged 3.7 percent. The new Capital Hill housekeeping budget, totaling $1.75 billion, increased spending for personal and committee staff operations and support agencies such as the Library of Congress and General Accounting Office. And it provided fatter outlays for perquisites, retirement benefits, travel and other items that add comfort and security to the job of sitting in Congress. House members and senators also accepted two personal pay raises totaling $14,400 during the year, raising their salary to $89,500. Their collective payroll of more than $48 million is drawn automatically from the Treasury and not counted as part of legislative branch appropriations.

The $1.75 billion legislative branch price tag for fiscal 1988 appears certain to be Increased. Last fiscal year's legislative branch appropriations bills, initially funded at $1.65 billion, was swollen to more than $1.8 billion by House and Senate add-ons luring the year, according to Office and Management and budget figures. January 27, 1988 February 3, 1988 (4604) WILLIAM F.WOLCOTT, Ml Substitute Trustee Shuford, Best, Rowe, Brondyke 8, Wolcott P.O. Box 1530 Ashevllle, NC28B02 (704)258-2211 January 27, 1988 February 3, 1988 (4603) The Associated Press KNOXVILLE, Tenn. A man who revived after being declared dead for an hour apparently survived because he has black lung disease and is used to functioning with less oxygen, a doctor said.

"It's just a theory," said Dr. Gene Aaby, a cardiac surgeon at IICA Park West Medical Centers, where 71-year-old Shirley Thomas Rarnett was listed in serious condition Tuesday. "Because he has black lung disease, his brain has learned to function with less oxygen," Aaby said Monday. "The average person may have died for lack of oxygen and blood, but his brain was able to stand it." On Thursday doctors at Methodist Medical Center in nearby Oak Ridge declared Barnett dead after an artery to his heart had a spasm and closed up, hospital officials said. Papers were signed to transport the body to a morgue and funeral arrangements were made.

Then as a nurse started to remove his belongings from a closet she noticed he was, breathing. He was wheeled into the hospital's coronary care unit but again lost a pulse and blood pressure reading. Me was placed on a pacemaker and a respirator but later was removed from the equipment because family members said he indicated in a "living will' he was not to be kept alive artificially. When he was unhooked from the machinery he again started breathing and his heart began beating, doctors said. NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 87-SP-481 STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE In the Matter of the Foreclosure of the Deed of Trust of MELVIN L.

CLEMMONS, Grantor, TO WILLIAM E. ANDERSON, Trustee, As recorded In Doed of Trust Book 1097 at Page 513 of the Buncombe Public Registry dated May 16, 1986, in the original amount of S24.000.00. NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE SUPERIORCOURT DIVISION 87-SP-462 STATE OF NORTH CAROLINA COUNTYOF BUNCOMBE In the Matter of the Foreclosure of the Deed of Trust of NOTICE TOCREDITORS Having quollfed as Executor of the Estate ot Dewey William Davis, deceased late of Buncombe County, North Carolina, this Is to notify all persons, firms, and corporations having claims against the estate of sold deceased to exhibit them to the undersigned, Clifford Ford Miller. P.O. Box 1047, Marlon, North Carolina 28752, on or before July 27, 1988, or this Notice will be pleaded In bar of their recovery All persons Indebted to said estate will please make Immediate payment.

Clifford Ford Miller Executor of the Estate ol Dewey William Davis Deceased Carol W. LottTri Attorney for the Estate of Dewey William Davis Deceased January 27, 1988 Fcbryaryi 10, 17,1988 1 To freeze committee spending. 2 To cut staff spending. 3 To probe corruption. 4 To cut elevator operators.

5 To' subject lawmakers to independent counsel. 6 To table committee funding cut. 7 To disapprove pay raise. 8 To reject pay hike. 9 To table amendment on independent counsel.

Yes; No; Blank Did not vote. Grantor, TO WILLIAM E. ANDERSON, Trustee, As recorded In Donri nl Trmi See Appointment of Substitute Trustee as recorded in Book 1501 at Page 59 of the Buncombe Public Registry. Pursuant to an Order of the Clerk of Superior Court of Buncombe County, North Carolina, dated January 13, 1986, and under and by virtue of the power of sale contained in that certain deed of trust executed by Melvln L. Clemmons, to William E.Anderson, Trustee, recorded In Deed of Trust Book 1097, at Page 513, Buncombe County Public Registry, North Carolina, and under and by virtue of the authority vested In the undersigned Sub- I Book 1089 at Page 496 of the Buncombe Public Registry doted March 7, 1966, In the ui ivimui urnuum Ot Source: Roll Call Report Service See Appointment of Substitute Trustee as recorded In Book 1501 at Page 59 of the Bun.