The coastland times. [volume] (Mnateo [i.e. Manteo], N.C.) 1947-1959, 1951-01-12
COURT
Advertise Your Business

were directed at proving which
man had struck the other first, OF
whether or not Mr.. Styron had
struck Mr.. Midget at all. The
blow struck by Mr.. Midget was
admitted by all parties - except
Mrs. Midget, who, alone of all
the witnesses, testified that she
did not see her husband strike
Styron. Self defense was the de-
Tense plea for dismissal of the
case. Unprovoked assault was the
contention of the prosecution.
Witnesses for Prosecution
H. E. Tandy, called to the stand
by the prosecution, after Mr.. Sty-
ron, did not throw much light on
the matter with his testimony. He
"didn't see it ALL" he testified, be-
cause he was busy working at the
time. He saw the defendant APP
proach the prosecuting witness at
the bar. He couldn't say for GER
tain whether Midget hit Styron
or not, as he did not hear the
sound of the blow, although he
saw Midget swing. He saw Sty-
ron fall. In reply to Mr.. McCown
in cross-examination, Tandy ad-
mitted that "a lot may have hap
pened" that he didn't see.
Travis Austin, of Hatteras, was
called to the stand by Mr.. KEEL
logg. He said that he and Midget
were "foolin' around" on the
dance floor, dancing together,
when Mr.. Styron came in. He said
that he did not see Styron strike
at Midget. "All / saw was Mr..
Midget hit him." he said. Austin
told Mr.. McCown that he couldn't
say anything about the beginning
of the trouble because he paid no
attention to them until someone
told him that Styron and Midget
were having trouble. Before he
left the stand, Mrs. McCown ask
ed for dismissal of the case be-
cause of conflict in Austin's tes-
timony, but Judge Baum ruled
that the case should proceed.
Defense Witnesses
Clarence Midget of Waves tes-
titled for the defense. He had
come to Tandy's Place in company
with Jethro Midget, he said. He
said on the stand that he had seen
Styron swing at Jethro, and that
after Styron had thrown off his
coat Styron told Mrs. Jethro Mid
gett, who attempted to separate
the men, that che wasn't going
to hurt Jethro too much" He re-
peated the statements when cross
examined by Mr.. Kellogg.
David Meekins of Avon was
next on. the stand. He said that
he arrived after the defendant
and his wife. He declared that he
saw Styron take off his coat and
swing at Jethro, hitting him on
the shoulder; then he saw Jethro
strike back. He said that Mrs.
Midget tried to prevent trouble
and had stated that she didn't
want any trouble in the place.
Meekins stated positively that he
saw Styron fall, and that Styron
had thrown his hands out in front
of him and definitely did not fall
upon his hands. During cross-ex-
animation he told the court that
Mr.. Styron got up Immediately
and at looked to me like Styron
was chasing Jethro around" But,
then, he added, he didn't pay
much attention from that point
on; he started talking to someone
and paid no further attention.
Mrs. Jethro Midget told the
court that she had tried to separ-
ate the men by walking between
them; that Styron had told her
r'he wasn't going to hurt him too
bad" She and her husband, she
said, started to walk away, when
Styron took off his coat and threw
it at the counter, but it fell on
the floor. She saw him swing at
her husband. She did not see her
husband retaliate, she declared
positively; if such blow occur
red, it must have happened while
she was picking up Styron's coat
from off the floor. Mr.. Kellogg
cross-examined sharply and the
witness appeared to be somewhat
confused by his questions. When
the defense objected that he was
confusing the witness, Mr.. KEEL
logg said, "Your honor, submit
that the witness is confused. I'm
trying to clarity the testimony"
She had that after the scene in
Tandy's she, her husband and
their four children went home to
Rodanthe.
Defendants Testimony