PAGE EIGHT
COUFTT ’<i-.? >iv tl
(Continued from Page One)
ty of driving under the influence
in the last jury case before the
school law case was heard.
t
Because the prosecuting* witness'
refused to testify against him, the
case against Lee Paydon, South
Carolina Negro, was nol-prossed
. with-leave. Probable cause 1 for
trial on grounds of assault with
a deadly weapon had been found
in recorder’s court here some time
ago.
Monday’s Proceedings
The first case the criminal
docket on Monday, the ■ State vs
Harold Bruce Lennon, was passed
over when Solicitor Walter W.’ Cb
hoon announced that the clerk had
received: a pardon for Mr. Lennon
from Governor Scott..
For the second' successive term
the case against Elizabeth H.
Crampton was continued upon ev
idence presented by letter from
her physician that she was unable)
to travel from her Pennsylvania
home.
Attorney Forrest Dunstan pre
sented a letter from Dr. Elliott B.
Floyd of Norfolk which certified
that N. C. Mann, whose trial on the
charge of issuing a bad check was
appealed from recorder’s court,
was confined to Lee Memorial Hos
pital and, consequently, unable to
appear for trial. Judge Stevens di
rected the sheriff to call the.-hos
pital and verify the statements in
the letter. Sheriff Cahoon later re
ported that hospital authorities
told him that Mr. Mann was suffer
ing from diabetes and was even
then being prepared for an opera
tion for a throat tumpr. The case
was ordered continued.
Dave Whitson, appealing a judg
ment of recorder’s court, said that
he wished to comply with the
judgment of that court. Judge
Stevens ordered him to pay the
fine assessed in the lower court,
plus the accumulated costs.
Annie Moore, Negro, explained
that she appealed the recorder’s
judgment in an assault case by
mistake. The ' judge • ordered Mrs.
Moore to comply with the judg
ment and pay the accumulated'
costs.
James Bryant, colored, appeal
ing a judgment in which he was
charged with assaulting his wife,
Nora Bryant, through his counsel,
Walace McCown, was sentenced to
12 months on the road, suspended
upon good behavior for two years,
plus a fine of $lO and costs.
Norman Grear Miller pleaded
guilty to driving while drunk and
without an operators’ license.
Judge Stevens sentenced him to
one year on the roads, suspended
■upon good behavior and the pay
ment of a S2OO fine, SSO to be paid
at once, the remainder at the Oc
tober term of court.
Bond Forfeiture Case
Counsel for Frank White and
Archie Burrus, bondsmen for
Litchfield Peele who appealed the
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I forfeiture of their bond from re
corder’s court, argued that the
judgment in the abandonment case
against Mr. Peele was faulty be
casue it contained no sentence of
punishment, suspended or other
wise; and the bond was not men
tioned in it anywhere. After hear
ing the judgment read, knowing
.that Mr. Peele was held under ar
rest in Massachusetts, Judge Ste
vens said, “He can never be extra
dited by it.”
Mr. Cohoon said that County So
licitor Martin Kellogg and Judge
W. F. Baum had both informed
him that the judgment was incor
rect, that there was a six months’
I road sentence in it as ordered by
the court. The judge then remand
ed the case to the recorder’s court
for correction of the judgment, ov
erruling Mr. McCown’s protest that
his clients had been brought into
court by the judgment and would
be deprived of their proper defense
if the lower court were to alter
the judgment as Mr. White and
Mr. Burrus had been acquainted
with it in process of law.
Henry Bowser Acquitted x
Henry Bowser, Jr., charged with
assault with a deadly weapon with
intent to kill, was acquitted of the
charge after about 20 minutes’
deliberation by the jury.
The court heard William Midgett
describe the scene in the house of
Bowser’s mother-in law the night
of March 10, when, he, Midgett,
was seriously wounded in the wrist
and received slight wounds on the
throat and side. The state contend
ed that Bowser attacked Midgett
without provocation and that Mid
gett offered no defense against his
attack. Dr. Harris testified that the
wound on the wrist was serious.
The defense offered two witness
es, Harriet and Henry Bowser, the
defendant and his wife. Both refut-
I ed Midgett’s claim that he was at
tacked before he could defend him
self. Both stated that after Bow
ser had said, “I told you to stay
away from my wife,” Midgett
picked up the chair in which he
had been sitting and hit Bowser
in the shoulder with it. A scuffle
‘ensued, they said, during which
Mrs. Bowser left the room. Bow
ser said he had worked his knife
out of his pocket while they were
wrestling on the floor and cut the
prosecuting witness in self-de
fense.
In summary, Mr. McCown said
that the jury should properly con
sider Bowsers’ action as self-de
fense, since Midgett was much the
bigger man, and that, further, he
admitted to having been at the
house with Mrs. Bowser on other
occasions, and, further, that he had
been warned to stay away from
her.
Mr. Cahoon asked the jury to
think well of the condition of Mid
gett’s jacket and sweater, offered
in evidence, ripped in a number of
places by Bowser’s knife; the num
ber of times the defendant had
tried to cut Midgett and the three
wounds were sufficient evidence,
he said, that there was intent to
kill.
Judge Stevens told the jury it
could return any of three verdicts,
guilty of assault with a deadly
weapon with intent to kill, guilty
of assault with a deadly weapon,
or it could acquit.
Two Divorces Granted
Two divorces were granted near
the end of Monday’s session, both
on grounds of two years’ separa
tion, both to husbands, plaintiffs in
the cases. Percy B. Tillett, Negro,
was granted a divorce from Mary
Whittaker Tillett, from whom he
has been separated since 1941.
They were married in 1932. There
are two children, a boy, 18, in the
•U.S. Army, a girl, 14, who lives
with the father.
Carson D. Crees was granted a
divorce from Pettie E. Crees, from
whom the testimony showed he has
been separated since 1947. They
were married in 1921. The four
children, the youngest 23, are all
married.
Tuesday’s Proceedings
On Tuesday the court was chiefly
concerned with the trial of persons
charged with driving under the in
fluence of alcohol. Two cases were
heard and sent to the jury, a third
was begun and recessed.
Divorces
Judge Stevens found time in the
afternoon to hear two uncontested
suits for divorce. Nina Hooper
Rowe of Manns Harbor was grant
ed a divorce on grounds of two
years’ separation from Bruce Ir
vin Rowe; and Goldie J. Fountain
of Buxton was granted a divorce
on the same grounds from Robert
Earl Fountain. Both cases were
concluded in less than 20 minutes.
State vs Beacham
In the day’s first case Carl Alon
zo Beacham was found guilty of
driving under the influence. The
case came to court as a result of
an accident May 13. The jury was
out less than five minutes, al
though the trial of the case took
up most of the morning. Judge
Stevens fined Beacham SIOO and
costs and bound him to good be
havior for a period of two years.
, Under the state law, his conviction
resulted in the automatic forfeti
ture of his license to drive.
State vs Worsley
David Worsley of Rocky Mount,
charged with driving while in an
intoxicated condition on July 2,
1950, was next on trial. Evidence
was given for the state by Patrol
men Riddick and Oakley, and for .
the defendant by himself, his wife, I
and M- C. Mitchell, Manteo police
man. Two bottles of liquor found
in Worsley’s car were offered in
evidence by the state.
Summarizing the case for the
defense, W. H. McCown, lawyer
for the defendant, called the par
ticular attention of the jury tc the
i hesitant, stammering manner in
i which the defendant gave his tes
i timony and to the fact that he
limped. These things would tend,:
he said, to make the arresting offi- |
cers, who saw Worsley for the first
time the night he was arrested, be
lieve the defendant was drunk. He
pointed out that Worsley had been
, arrested three times previously on
a similar charge and suggested
that arresting officers had been ■
similarly mistaken before. He re- ’
marked that Policeman Mitchell ,
had testified that he had supposed
Worsley to be intoxicated the first
time he saw him and had said on
the stand that he did not think
Worsley’s condition on the nigh l , of
his arrest was noticeably different
from his normal behavior. For
these reasons, the lawyer asked
for Worsley’s acquittal.
Solicitor W. W. Cohoon asked
the jury to consider whether it
were not more likely than not that
all the officers who had arrested
Worsley and charged him with
drunken driving were not misled by
his physical infirmities. He point
ed out that Worsley had submitted
three times to the lesser chargo of
.‘eckless driving, and he said that
the reason for his doing so was to
escape the mandatory loss of his
license upon conviction of the more
serious charge. Mr. Cohoon said
that it was difficult to understand
why the two men who were w’th
Worsley on the night he was at
tested had not been called as wit
nesses in his behalf, particularly
as one was his own brother. He de
clared that the defendant “had
had his share of the whisky’’ and
asked the jury to bring in a ver
dict of guilty upon the basis of
the sworn testimony of Officers
Riddick and Oakley that Worsley
was intoxicated.
After the jury had been out
about 45 minutes, it returnel to
ire courtroom, where the case of
the State vs Velma Lehue was
then being heard. Foreman Ralph
Swain reported that the jury was
divided 6-6 on the case and “could
never agree.” Judge Stevens or
dered the jury back to the jury
room, saying, “I believe I’ll let
you go back and try it some more.”
At the end of the day’s session, he
recalled the jury and charged it to
resume its deliberations at 9 a.m.
Wednesday morning.
Re-Trial
In the meantime the court had
heard the testimony for the State
of Patrolman West and Oakley
and, for the defense, of Mrs. laa
Midgett of Nags Head, in a case
in which Mrs. Velma Lehue was
charged with drunken driving. The
case had been ordered for retrial
after a jury could not agree upon
a decision at the October term of
court. After hearing the case thus
far! court was adjourned for the
day.
THE CfIASTLAND TIMES. MANTEO. It. C.
ROANOKE ISLAND I AIRPORT
RECEIVES MERIT AWARD
The Roanoke Island airport,
county owned, but operated by a
local corporation, has received a
certificate of merit from the Air
craft Owners and Pilots Associa
tion of Washington, D. C. The a
ward is issued upon favorable re
ports of pilots who have landed
at the airports of the nation.
Walter, DeLoatch, manager of
the airport, stated that the certi
ficate rating was issued the Roa
noke Island facility for its “servi
ces to transient non-commereial
pilots and aircraft owners.”
POPPY SALE NETS LEGION
APPROXIMATELY S4O
The Poppy sale. held last Satur
day by members of the American
Legion Auxiliary netted approxi
mately S4O, according to a report
from Mrs. Jack Wilson, pres’dent
of the Auxiliary. Funds from this
sale are used for worthy causes
amongst the veterans..
MANTEO 14 CENTRAL 3
Manteo’s undefeated high school
ball club topped Central on the
Manteo diamond Friday by a score
of 14 to 3. Willard Sutton was the
winning pitcher. Moncie Daniels,
catcher, with five hits for five
appearances, led the teams at bat
Sutton also had a perfect day at'
the plate with three hits.
JURY
(Continued from Page One)
than moral and actual values,” he
said, he could not say. But certain
fundamental tenets that might he
thought by some to be old-fashion
ed, but which are in reality time
less, we would do well to return
to for our guides in conducting
our lives, the judge stated.
He recapitulated briefly the bas
ic principles of our government of
divided powers, describing the
functions of the executive, legislat
ive and judicial branches. It is
“the judicial branch which comes
home to the people,” he declared;
our executives are remote from the
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people; our legislators go away
from home to act as our-represen
tatives. The jurors themselves
were to act as vital’ cogs in the
judicial process.
He told the grand jurors that
they were to act upon certain bills
of indictment; that they had also
a duty of “presentment,” in which
they were charged' to. bring indict
ments against violators of the law
that they knew of who might oth
erwise remain unapprehended. Fi
rally, they had thedhty of inspect
ing the condition of the property
of the county, its courthouse and
jail, and to make inquiry into th*
manner in which the county, offi
cers were fulfilling their duties.
County Homes
Told by the clerk that Dare
County has no county home, the
judge expressed himself on that
subject in general. It has been a
mistake, he said, for so many coun
ties to do away with county horned
for the poor and aged. Nowadays,
he declared, “They farm some poor
old person out for S3O or S4O a
month to care for ’em, and you
can’t even feed a mule on that in
these days.”
Judge Stevens then spoke of the
great number of violations of mo
tor vehicle laws. He described some
of the common violations which are
the cause of so many accidents.
“One would believe from going
around the state that the line in
the center of the -highway was a
stripe you put your left wheel on!”
He said the one-armed driver made
two serious mistakes: he couldn’t
do a good job of driving with one
hand, and he “can’t do a good job
of huggin’ with the one hand eith
er!”
The judge summarized the
crimes with which the jury might
have to deal, and spoke last of per
jury. This was the crime that he
could deal with to the full limit of
the law without a twinge of con
science, Judge Stevens said, be
cause the whole judicial process
was based on witnesses telling the
truth, the whole truth and nothing
but the truth, as their oath re
quires of them. “The liar,” he con
cluded, “is the worst known char
acter on earth.”
Grand Jurors
Members of the grand jury were:
Mrs. Ernest Haywood, foreman;
Herman Rogers, Marvin L. Mann,
Mrs. Elizabeth Gaskins, Edward
A. Hooper, Leslie H. Henly, Cecil
L. Ballance, Roscoe Burrus, Jr.,
George M. Powell, Leroy S. .Mid- *
gett, Fred O’Neal, George M. Am
brose, Graves A. Midgett, James
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FRIDAY, JUNE 1, 1951
W. Davis, Joseph D. Scarborough,
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and Ira V. Partridge.
Another unusual feature of Mon
' day’s proceedings was that none
.of the persons drawn for grand
jury duty asked to be excused from
9 serving.