The Republican., 1947-09-25
HOOVER IS FOUND GUILTY OF
MURDER IN THE SECOND DEGREE
Court Deliberates Less Than
Ten Minutes in Reaching Ver-
dict-Given 12-Year Sentence

James William Hoover, 2S, of the
Bear Hill section, was found guilty of
second degree murder and sentenced
to II years in the Maryland peni-
tentiary Tuesday afternoon in the
Circuit court
Entering plea of not guilty,
Hoover was tried before a full bench
with Chief Judge William Hustler,
Associate Judges George Henderson
and Joseph Mish here to hear the
case.
Hoover, father of four children, was
charged with the death of Ellie F.
Layman, 40, of Shade Mill, route 40,
east of Grantsville, last July 30.
Hoover allegedly drove his truck into
Layman and caused his death, after
quarrel in the tavern of William Pay
ton along the highway.
Chief Judge Hustler, in passing
sentence, declared that in this case,
"the evidence was clear and convinc-
ing" and that the court Cannot
ignore a case of this kind when
human life has been snatched in such
a deliberate manner" Hoover re-
ceived the sentence with bowed head.
Authorities had considered the
case a hit and run affair when Lay
man was first found along the high
way. However, William Payton,
tavern operator, testified he saw the
truck stop where the body was found,
which caused State Police to begin an
investigation.
States Attorney Walter w. Daw-
son called number of witnesses to
the stand during the day-long case
and succeeded in getting placed in
the evidence the copy of Hoover's
confession which he made before
authorities two days after the event.
When placed on the witness stand by
his attorneys, Neil C. Fraley and E.
nay JOIIcS, tlle man uClllGu illItlHS
Layman with his truck but did admit
! that he had stopped the truck and
had hit Layman with rock.
! Hoover also claimed that he had
made his statement to the authori-
ties only after some promises had
been made to him by Trooper Blair
Bucket about getting him released
from Jail on bond. This Trooper
Bucket denied, and States Attorney
Dawson proved that the statement
had been made and read to the de-
fendant and that the latter knew at
the time any thing he said would be
used against him in prosecuting the
charge.
Hoover declared in his confession
Il did not mean to kill Layman when
II hit him but | thought | would just
sideswipe him and shove him off the
road"
An investigator fos the Federal
Bureau of Investigation testified
that hairs found on the underneath
portion of the defendants truck by
State Police were of the same type
as the hair from the head of the de-
fendant. Bucket testified that he
found blood on the headlight of the
truck, hair on the housing and blood
smears on the right door which was
substantiated by other state troopers.
Under cross examination they de-
clared they weren't sure the spots
were blood but assumed they were,
based on their experience as officers.
Payton testified concerning the al
tercation between Hoover and Lay
man at his tavern. Lewis F. Jones,
Webster, Pa, told Of finding Layman
on the highway as he and some boy
scouts were passing in their auto,
and Warren Oester, Springs, Pa, de-
scribed his part in taking the body to
the hospital where the man died
several hours after the occurrence.
The case ended rather abruptly
with neither side presenting any
argument. The three judges deliber-
ated less than ten minutes in reach
ing their verdict.