FRIDAY, MAY 28. 1954
In Superior Court
THE PILOT—Southern Pines, North Carolina
PAGE ELEVEN
Boykin Sentenced To 15-20 Years
<2y
(IT
V
Addor Man Convicted
Of Manslaughter In
Toy Clyburn Shooting
Robert Boykin, 60, of Addor,
tried in Moore superior court for
second-degree murder in the fatal
shooting of his neighbor Leroy
(Toy) Clyburn last April 4, was
found by a jury to have been guil
ty of manslaughter. Judge Frank
M. Armstrong sentenced him to
not less than 15 nor more than 20
years in prison.
The trial started Tuesday last
week and concluded about noon
Wednesday, the third day of the
criminal term. It was long, ramb
ling and somewhat confused.
However, the main facts stood out
clearly^—Clyburn had paid two
early-morning visits to Boykin’s
home, next to his own; had threat
ened and cursed him, gone home
and then returned; and Boykin
had opened the door as he ap
proached and killed him with one
blast of his shotgun when he was
about 30 feet away.
Two surprise witnesses who had
not appeared at the coroner’s in
quest, were Sara McRae, who had
been in Boykin’s home when the
incidents took place, leaving im
mediately after the killing, and
Keith Marks of Aberdeen, young
ABC officer, who testified that'
he had searched Clyburn’s store
near there for whiskey the night
before, and heard Clyhurn ex
press anger at Boykin, as he as
sumed his neighbor had “tipped
off’’ the law.
The confusion arose in conflict
ing evidence as to whether or not
Clyburn had a pistol with him,
also in the efforts of Boykin and
the woman to conceal the fact
that she had been there all night.
No motive was ever definitely es
tablished for Clyhurn’s anger or
for Boykin’s extreme fear of him,
which apparently led to his imag
ining Clyhurn had a pistol with
him, when all other evidence
pointed to the fact that he had
none.
Other witnesses were Stanley
Honour, owner of a motor court
between Aberdeen and Pinebluff,
an eye-witness to the entire pro
ceeding when he drove up to get
Clyburn’s wife, his maid; Mrs.
Clyburn, and Deputy Sheriff A.
F. Dees.
Boykin said definitely Clyburn
pulled out a pistol from his shirt-
front as he approached. However,
Honour said he was swinging his
hands, and they were empty, and
no gun was found on or near the
body.
The case was argued at length
by Defense Counsel H. F. Seawell
and District Solicitor M. G. Boy
ette, and Judge Armstrong’s
charge to the jury lasted more
than an hour. Principals in the
case were Negroes.
Third Offense
Also taking up much time, on
the first day of court, was the trial
of 'Wayne Roberts Primm of Car
thage, Route 2 for a third offense
of drunken driving. The case was
contested vigorously by counsel
J. Talbot Johnson, who also made
a strong-plea for mercy after the
jury returned a guilty verdict.
Judge Armstrong delayed sen
tence until Wednesday afternoon,
when he sent Primm to the roads
for 12 months. His license to drive
will be revoked for life, accord
ing to the statute.
In another drunken driving case
in which sentence was delayed till
Wednesday, Otis Angus Siler was
sent to the roads for four months.
Defendant through counsel ex
cepted and gave notice of appeal,
on the grounds that in his charge
to the jury Judge Armstrong had
stated the defense contended the
law enforcement officers “did not
tell the truth” when in fact, said
defense counsel Seawell, the con
tention was only that they were
‘mistaken.” Appeal bond was set
at $125, appearance bond at $1,000
and 45 days was allowed for per
fection of the appeal.
Russell Horner and Charles
Kennedy, youths of the Robhins
section who were tried last Jan
uary for beating a 30-year-old
man, Noah Sheffield, nearly to
death, were sentenced by Judge
Armstrong before the close of
court last week.
The interval had been allowed
by Judge Armstrong to see how
Sheffield got along and what
would be needed in the way of ad
ditional medical treatment as a
result of what appeared to be a
wanton attack on the part of the
teen-aged hoys.
The two were sentenced to 24
months on the roads suspended on
the following conditions: (1) that
each pay $10 per month to Shef
field through next December; (2)
that they pay at or before the
August term of court $81.57 to
settle Sheffield’s hills already in
curred at N. C. Memorial Hospital,
Chapel Hill, also make satisfac
tory arrangements with the bus
iness manager of the hospital to
take care of expenses for an op
eration Sheffield must undergo in
October and pay his expenses to
and from Chapel Hill; pay $24 for
ambulance service, $4.50 to the
Tar Heel Drug Store at Robbins
for medicines and $26 for C. C.
Kennedy, clerk of court, in repay
ment of travel expense money he
advanced to the injured man; (3)
KENTUCKY WHISKEY-A BLEND
88 PROOF. 70X GRAIN NEUTRAL SPIRITS. SCHENLEY DIST., INC., FRANKFORT. KX,
both defendants to be on good be
havior for five years, and not vio
late any of the laws of this State,
violation to cause instant issuance
of capias and commitment.
“It is the intent of this judg
ment,” noted Judfge Armstrong
“that both defendants shall be lia
ble for aU, and that neither may
pay half and claim he has com
plied with, the terms of the judg
ment, if the other fails to pay in
whole or in part.”
The assault was one of the most
hrutal in the history of a'section
noted for its fueds and fights. It
apparently climaxed a long period
of teasing and horseplay on the
part of the younger men toward
their more slightly-built and
somewhat defenseless victim. In
the assault, in which he allegedly
was struck with a wooden stick
and also an iron bar, a portion of
his skull was crushed, necessitat
ing delicate surgery.
Pale and resentful, Sheffield
testified last January that “they
were always picking on me.”
Though still very weak, and
speaking in a low voice, he could
not he shaken on cross-examina
tion in his insistence that “they
weren’t playing.”
Long Road Term
In another case tried last week,
"Willie Robinson, Pinehurst Ne
gro, was sentenced to not less than
24 nor more than 36 months on
the roads on conviction by a jury
of breaking and entering and as
sault on a female. The female was
an 11-year-old Negro girl, Pina
Lee McCrimmon, who testified
that she was in bed with five of
her brothers and sisters when
she awoke to find Willie also in
the bed hugging her close and
telling her to “Hush, hush.” Pina
Lee didn’t hush hut called her
mother, who was asleep in the
same room in another bed with
two more children. Mary McCrim
mon, the mother, testified that she
had 12 children in all.
Willie had been there earlier in
the evening, she said, and she had
run him off and fastened the
latch on the door, but he returned,
broke the latch and came in. She
ran him off again. Two neighbors,
Elbert Williams and Pearly Crav
en, took the stand to say they saw
Willie going down the street from
her house, apparently drunk, and
trying to break into other houses
along the way.
Willie tried some McCarthy
tactics in asking questions filled
with implications which he failed
to follow up, such as, to Mary,
“Isn’t it true you asked me to get
some liquor, and we’d have a
drink? Isn’t it true you drank li
quor with me? Isn’t it true you
went to bed with me?” To these
questions, Mary returned a “No!”
filled with conviction.
Padlock Removed
Annie Marks, Aberdeen Negro,
pled guilty to unlawful possession
of whiskey and received a sen
tence of eight months in the Wo
men’s division cf Central Prison,
Raleigh, suspended on payment of
costs and good behavior condi
tions involving violation of no
State laws, especially the liquor
laws.
At the same time Judge Arm
strong gave Sheriff C. J. McDon
ald orders to remove the padlock
from the Cassonova Club, night
spot at Aberdeen operated by An
nie and her husband, John Henry
Marks, on conclusion of the 12-
month period for which the place
had been ordered closed. Defend
ant Annie was told to “go hence
and operate the aforementioned
place in a legal and peaceful way,
and according to law, after first
paying all costs of this action.”
Bogan Acquitted
Fred Bogan, Southern Pines
Negro, defendant in a larceny
trial, was acquitted of the theft
of some $65 from the person of
Champ Sellars, West Southern
Pines merchant, while he was
asleep. Sellars said two pocket-
books disappeared from his pock
et, and a 14-year-old hoy testi
fied he saw Bogan remove one of
them, while another witness said
he saw Bogan throw one of them
away at the back of Sellars’ place.
However, the money in it was of
different denominations from that
Sellars said he lost. Also, the sec
ond pocketbook, found 100 yards
away the next day, after Bogan
had been placed in jail, was dry,
though there had been a rain.
Defendant Bogan took the
stand to state that he had not,
despite the eye-witness testimony
of a 14-year-old boy, taken the
money nor did he know where
it went. Another witness’ story,
that he had been seen throwing
away one of the two pocketbooks
which were taken, he also char
acterized as fiction. However, his
appearance on the stand gave the
Solicitor opportunity to read his
record, which included terms ser
ved for breaking and entering and
a multitude of other offenses in
Massachusetts, Oklahoma and
numerous other places, which did
his case no good. He admitted he
was released from prison only last
January.
Some money had disappeared,
(Continued on Page 12)
What KERR SCOTT
has done FOR
MOORE COUNTY!
Hill ■! ———
Under SCOrrS Leadership—
Moore County has—
• Built and Blacktopped 300 MILES OF ROADS-4We were
promised only 125 miles.)
% Moore County has received IN EXCESS OF $400,000 FOR
SCHOOL BUILDINGS, GYMS, CAFETERIAS and
AUDITORIUMS as a direct resnltbf SCOTT’S $50,000,-
000 SCHOOL BOND PROGRAM.
• One of the biggest death traps on U. S. No. I was eliminat
ed by construction of an OVERHEAD BY-PASS AT
CAMERON.
• Under SCOTT’S Leadership THE MONEY WAS AI TO.
CATED AND CONSTRUCTION WAS STARTED ON
18 MILES OF HIGHWAY N. C. 211 BETWEEN PINE
HURST AND CANDOR AND NOW BEING COM
PLETED.
• HUNDREDS OF TELEPHONES are now serving rural
homes through SCOTT’S leadership. A few of the
communities now being served are Cameron, Eureka,
Eastwood and White Hilh
% Hundreds and Hundreds of Moore County FARMS NOW
HAVE ELECTRICITY as a result of SCOTT’S progres
siveness.
• Under SCOTT’S Leadership NEW INDUSTRIES HAVE
BEEN BROUGHT TO MOORE COUNTY — Carthage
Fabrics Corporation and J. Bishop & Company, to
name a few, now bring thousands of dollars into the
trade channels of Moore County, and employ over 500
Moore County people.
• As Governor, SCOTT APPOINTED SEVEN M OlO R E
COUNTY PEOPLE TO THE STATE BOARDS AND
COMMISSIONS.
SCOTT did all this without an Increase In Taxes — ex
cept the Ic per gallon gasoline tax. He left $40,000,000
surplus money in the State Treasury.
Listen To KERR SCOTT’S State-wide Address Friday Night,
9:30 over WPTF.
Vote For A Brighter Future
VOTE FOR KERR SCOTT
FOR U. S. .SENATOR
This Advertisement Is Paid For By Southern Pines Friends of Governor Scott
R. N. PAGE, III, Moore County Chairman