The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-09-25
JURY TAKES CASE
AGAINST BEN vAnn
Can Return Any One Of -Four
Verdicts-Defendant
on Stand.
Especial to The rimss- Dispatch. ]

Especial to The Ttmes-Dispateh.1
Elisabeth City. n. C.. September
24-The case Of Ben vann. charged
with tho murder Of the nftsen-year-
old Belvidere lad. Oliver LAydsn. was
given to tho jury at $40 o'clock to-
night. All hope Of q verdict to-n.ght
was disposed Of by the announcement
OF Judge Lane that he would not re.
ceive the verdict before Tomorrow
morning at 8 O'Clock even though Il
should be reached earlier. The jury
was conducted immediately to Its
rooms at the Southern Hotel
The charge to the Jury consumed
forty fve minutes. Judge Lane read
the instructions from manuscript, ana
charged that under the blu OF indict-
ment against the defendant. any one
OF four verd.cts az determined BY the
evidence. might be found az follows:
Murder in the first degree; murder In
the second degree: manslaughter; not
guilty.
Thas ne killed Layden In e!f-defsnss Aur.
ing quarrel over the adjustment OF q debt.
MAS the assertion made by the defends m.
nen sann. tessifyinE in hts own behalf yes.
.s1day morning. Vann related ais story of
the circumstances leading up 20 and attend
ing the killing.
Oliver. he said. came TO his house very
early In the morning Of July II. vann was
Layden's call. Layden asked vann to 70 20
town with him. and vann agreed
Tho went TO Elizabeth City. and Q dis
pute arose after Layden had insisted on
was due. while yann declared Lsyden was
In his debt for more than so for a bicycle.
shoes and clothing.
Laden. according TO vana. became very
"a
sun shine again unless ne pail the money.
The two then started on their return home.
both riding bicycles. and when near the
forty -nine-m!le post on tie Norfolk and
Southern Railway LAyden renewed the dis
pute.
"oliv.r sa,d to me: Are you going to nay
me that money or not? I'm getting tirsl
of IL
IT said: No: not until you pay me-"
vann declared that LayAen cursed him
v;ieiy and struck him on the head. knock.
ing him backwards into the di.ch. Yam fell
upon his bicycle on some cross ties IN the
ditch 1t that point and crushed one OF hts
wheels lie scrambled out Of the dith, and
Layden struck him AGAIN behind the ear.
vsnu struck Layden In return. staggering
him. vann swears that Layden then drew q
,rg towards him with . string OF osths
said: TN kill you to-day
Il ran Backward and shot him." said
vann. II dred once or twice. He vas WIN
in a foot or Two OF ME- oio NOT sh"ol
him after he fell fell almost a. soon as
n. did I was scared to death. I raised
him up ana saw he vas dead I looked up
snd down the track and didn't see anybody.
I hardly knew what was doing TOOK
h,r, by the Zee, and tried to get him into
,be woods. / got him over the wire fence
ard wen. back TO the track Ny wheel vas
hroken. threw my wheel over into the
woods. and Threw the pistol ana knie
somewhere. I vas muddS '<son nseo q"
fcot"
,,;ed anxri!y to the questions Aired q. him
n. told tn. solicitor that he dfdn't eons'csI
,ha, he rad done anything more Tran the
soIy-,,or or ANYBODY else would have aoee'
yann was IN the witness chair two nou.s
II. .noke clearly and played nervous'y WIN
A handkerchief. iounsed back N the %
- tossed and recrosssA hts legs On Oh
90, Examination he told his story SMOOTH
~. On cross organization there were m.n'
5I,ai,. he could not remember