Watauga Democrat. [volume] (Boone, Watauga County, N.C.) 1888-current, 1929-04-04
'sATIN CONVICTED
! MANSLAUGHTER
N !
N ~
= b
yer of Fred Ellison Sentenced to
Serve Term of to Years in
Penitentiary; Notice of Appeal 70
Supreme Court is Given

| The jury in the case of Roy Mar
tin,z slayer of Fred Ellison, returned
q verdict of guilty of manslaughter
Immediately after court convened
Saturday morning, the case having
been turned over to them with the
judges charge on the previous after
noon. The defendant was sentenced
to serve term of no less than five
or more than seven years at hard la
Dor in the state penitentiary, with
the further order that the prisoner
should wear stripes. Counsel for
the defense Immediately gave notice
of appeal and an appeal bond of
$50 was adjudged sufficient. An
appearance bond of $4,000 was re-
quired and the defendant allowed
80 days to serve case on appeal.
The state will have thirty days in
which to file countercase or excep-
ton. Tom Martin, son, being tried
jointly for completely in the crime,
was acquitted.
The killing occurred in the North
Fork section of Watauga county, it
will be remembered, last September,
and the case was continued from the
fall term of court, then in session.
The actual shooting occurred as an
aftermath to a more or less free for
all fight, the participants in which
were drinking. Tom Martin and
Fred Ellison became involved and it
was when the latter attempted to
throw a rock at Martin, that the
father, fired the fatal bullet. Tom
had been assaulted with. a knife, the
evidence showed, his shirt having
been cut in several places and a
slight wound made on his chin. De-
fense counsel made hard fight on
the ground that Roy Martin killed
Ellison to save the life of his son.
The remainder of the criminal
cases were cleared away Saturday
afternoon, the court taking recess
until Tuesday morning, allowing
Monday as an Easter holiday. When
court reconvened, civil calendar Of
about the usual proportions was
taken up.
Following are the findings in the
remainder of the state cases:
Walter Woodring, pleads guilty
to liquor charge. Sentenced to a
term of six months in the county
Jail to be hired out on the public
roads of the state. Not to wear
stripes.
C. S. Goulds pleads guilty to pos
session of liquor. Prayer for judg-
ment continued until next term OF
court, defendant to pay costs at this
term.
Coy Rogers and Millard Watson,
liquor, prayer for judgment contin-
ued to next term Of court, defend
ants to pay costs at this term.
Eugene Jones, larceny, judgment
continued till next term of court
and defendant to pay costs at this
term.
Walter Clawson, driving car while
intoxicated, prayer for Judgment
continued to next term of court, de-
fendant to pay costs at this term.
June Horton, Mae, Henry and
Burl Horton, resisting an officer,
Judgment suspended on payment OF
costs.
Walter Handy and Will Atwood,
larceny. Not less than 18 months or
over three years at hard labor in
state penitentiary. To wear stripes.
Wayne Harman, allowing sawdust
to 60 in stream. Prayer for judg-
ment continued for two years, de-
fendant to pay costs and refrain
from putting sawdust in North
Carolina waters.
Daniel Presnell, putting sawdust
in creek. Prayer for judgment con-
tinued for two years, defendant to
pay costs and refrain from putting
sawdust in North Carolina waters.
Bill Tunnel, operating slot ma
chine, prayer for judgment contin-
ued for two years, on condition that
he remain law-abiding and does not
operate or allow q slot machine 20
be operated on his premises.
A M. Minton, bad check, not gull
ty.
Lee carp, assault with deadly
weapon, prayer for judgment con-
tinued for two years on payment of
costs, and that defendant remain
law-abiding and does not associate
or deal with Henry Greer.
Thurston Oliver pleads guilty to
- he .,, ion