The coastland times. [volume] (Mnateo [i.e. Manteo], N.C.) 1947-1959, 1951-03-30
NEGRO TO BE TRIED
FOR SHOOTING HERE
Capus Issued for Appearance of
Litchfield Peele and Two
ManteO BOndsmen

Judge W. F. Baum bound Lee
Patton, South Carolina Negro, ov-
err to the superior court for trial
on grounds of assaulting Gene
Mccain with a 22-guage rifle
with intent to kill on March a.
Mccain was seriously wounded by
a rifle bullet on that date and
spent two weeks in the Albemarle
General Hospital, part of the time
in critical condition.
After hearing the evidence pre-
scented by three state witnesses,
Judge Baum said it was not his
duty to determine whether or not
the shot had been fired intention
ally; that he was binding Patton
over to superior court on the in
controvertible evidence that Nc
Cain had been shot by a bullet
from Patton's gun during a "tus-
sic" in the house rented by the
two men. Patton was placed I'M
der $500 bond.
Eugene Mccain, 38, nicknamed
Gene, said on the stand that he
was a friend of Patton's of about
ten years. standing. He told So
licitor Martin Kellogg that there
was no argument between himself
and Patton; they were simply
"tussling," he repeated number
of times without giving any rea-
son for the tussle. He said that he
wasn't angry with Patton, and
"He didn't act like he was mad"
Witnesses Agree
Two other witnesses, Isaac
Mann of Manteo and Tracy Mar
Gus, formerly of South Carolina
but now of Manteo, said they were
at the house in which the shooting
occurred a short time before it
took place. Both were there when
Mccain, who had been away dur
ing the day, arrived. They agreed
that the wrestling started soon af-
ter McCain's appearance. Mann
said, "Lee said, Gene, you treat
ed me wrong today and Gene
said, Treat me like a man, and
then they started tussling." Mar
Gus gave substantially the same
account of the brief prelude to the
tussle. Both men said they left
the house before the shooting took
place. Both men insisted that rel
Their the tusslers appeared to be
angry. In reply to a question of
Mr.. Kellogg's, Mann said he left
the place because it was getting
''too rough for me-"
Patton, not represented by
counsel, asked none of the wit
nesses any questions and did not
take the stand in his own defense.
Sam Sawyer of Currituck Coun-
ty pleaded guilty to public drunk
enness and was sentenced to 80
days on the roads, suspended upon
condition that he pay the costs of
the court and stay out of Dare
County for two years.
Capus Issued
The Solicitor reported that
Litchfeld Peele, formerly of Hat
teras and now said to be living in
Virginia, had failed to live up to
the provisions of judgment
handed down in the court here last
May. He had at that time been
bound to pay a certain amount of
money to his wife each month as
well as assuming certain hospital
bills already due. Mr.. Kellogg re-
ported that by the terms of the
judgment Peele should have paid
$1,310 by the last day of this
month; that he had paid only $685.,
and had paid nothing since Aug
ust of 1850. He asked the court to
declare Peele in contempt and is
sue a capus for his appearance.
The judge ordered a capus issued
for Peele to appear in court a
week from next Tuesday to give
cause for his failure to make the
regular payments, and he further
cited Peele's bondsmen, two Man
teo businessmen, to answer for
their bond on the same day.
.