The coastland times., 1953-05-29
CASE AGAINST PAT BAYNE
GOES TO JURY; VERDICT
LACKING "a HOURS LATER
Defense Stresses Lack of Proof of Intent to
Kill in Fighting Charge in Shooting of
Portsmouth Youth in Car With Other Boys
Parked in Front of Jockey Ridge Restaur.
ant Late at NiCht
ant Late at Night

When superior court convened
Thursday afternoon, following 4
recession lunch, the jury in the
case against Pat Bayne, operator
of the Jockey Ridge restaurant
on Nags Head, was sent back
to continue its deliberations. The
case went to the jury at 2:30
Wednesday afternoon. An hour
later the jury was back to ask
for further instructions in re-
gard to the lesser charge of as
sault with deadly weapon
without intent to kill
Soon after court convened
Thursday morning, after the
nights recess the jury asked
to be dismissed because of ina
bility to agree. Judge Bone, how
ever, sent them back for further
deliberations.
Mr.. Bayne was tried on a
charge of assault with a deadly
weapon "a rifle) with intent to
kill, doing severe bodily injury
not resulting in death. The
charge was brought in connec-
ton with the shooting, the night
of May 2, of Frank Drake, a
Portsmouth boy.
Mr.. Bayne's defense stressed
a lack of intent to kill, as charg-
ed in the warrant, which read
"felonlous assault with a deadly
weapon with intent to kill, caus-
ing severe bodily injury, not re-
sulting in death" His attorneys
emphazed that he was wakened
from sound sleep in the middle
of the night, could not determine
in the dark whether the people
on his property were men or
boys, got no response from them
when he warned them to leave,
and that had he intended to kill
or injure the occupants of the
car he could have done so.
In addressing the jury, Solic-
itor Walter W. Cahoon, insisted
that the defendant should be
found guilty "at least of assault
with a deadly weapon" In his
charge to the jury. Judge Walter
j. Bone pointed out that unless
the jury was convinced, beyond
la reasonable doubt, of the de-
PENDANTS intent to kill, it could
not find him guilty of the charge
mentioned in the warrant. If the
jury was not convinced of his
intent to kill, the court instruct
ed, but did decide he had COM
mltted an assault, a lesser charge,
1t could so find. The court then
explained what was meant by an
assault was infliction of wound
which caused serious injury,
endangered life or caused ex-
cruciating pain. The court also
outlined to the jury the extent of
a mans right to defend his
home.
The case went to a jury made
up of seven women and five
men. Of the first jury panel,
four were dismissed. Out of
those subsequently called, six
more were rejected. The jury
did not include any resident of
Nags Head beach.
Frank Drake, IS, of Ports
mouth, the youth shot, was the
first witness. He described the
happenings of the afternoon and
night of the shooting, - that
tlve Portsmouth boys came to
Nags Head Saturday afternoon,
May 2, met another boy, Charles
Kelly, in whose fathers un-
finished cottage they were to
stay. Five of the boys climbed
Jockey Ridge in the afternoon,
after buying some refreshments
in Jockey Ridge restaurant.
From there they went on a ride
Whlch TOOK them to Manteo and
elsewhere, and finally went back
to Jockey Ridge restaurant about
ii that night. They parked in
front of the restaurant, he testi-
lied, while two of the boys went
up on Jockey Ridge. Two re-
mained in the car, lying down,
while Drake and Kelly, with
"a sandwich for the latter, went
to the south side of the res
taurant and sat down on bench
under porch.
Drake testified that thev
heard a voice call to "shut up
and clear out" They walked
around to the car, but could
not leave until the boys came
back from the dune with the
car keys. When they did, Drake
said, the owner of the car gave
him the keys, they all climbed
IN and prepared to take off,
but before they had started. Mr.,
Bayne came out on the upstairs
porch with gun and the shoot
See RAYNE paga Eo.,~