The coastland times. [volume] (Mnateo [i.e. Manteo], N.C.) 1947-1959, 1953-05-22
BAYNE BOUND
= OVER IN BEACH
= SHOOTING CASE
Jockey Ridge Restaurant OPP
orator to Be Tried in Su-
perior Court on Fell
ony Charge

of Jockey Ridge restaurant at
Mays Head, was bound over to
superior court, under $500 bond,
Tuesday after hearing in re-
corders court. He was originally
charged with assault with a
deadly weapon, but the states
motion to amend the warrant
to make the charge a felony was
allowed after evidence had been
heard. This automatically trans
ferred the case to superior court.
The charge is now assault with
a deadly weapon with intent to
kill.
Mr.. Bayne is charged in con-
nection with the wounding of
Frank Drake, is, of Portsmouth,
Va, who was shot in the thigh
and the foot. Four bullets enter
ed the car he was driving.
Drake and five boys he was
with at the time of the shooting
testified Tuesday. In the main
they told the same story,
They said five of them came
from Portsmouth on Saturday.
May 9, and met a sixth youth,
Charles Kelly, on the beach.
They were to stay at the cottage
that young Kelly's father is
erecting in the Kitty Hawk area.
According to the boys, they
spent the afternoon and evening
riding around, on the beach and
Roanoke Island. Between II and
1880 that night they pulled into
the Jockey Ridge restaurant
parking space, though the cafe
was closed. so that Allen Wright,
owner of the open convertible
in which they were riding, and
Theodore Hartung could climb
Jockey Ridge. Two of the boys
stayed in the car, one asleep
and the other watching the stars,
and the other two got sand
rich from the trunk and walked
- und to a bench on the south
o. of the restaurant.
While they were sitting on the
bench, Frank Drake and Charles
Kelly testified, Mr.. Bayne called
to them to shut up and clear
out" The boys said they went
back to the car to wait for the
two on the dune. When Hartung
and Wright returned, Wright
handed the keys to Drake and
told him to drive There was
some disagreement among the
boys as to whether or not MIR
Bayne's instructions were re-
peated.
AS the boys got in the car
preparatory to leaving, they
testified, Mr.. Bayne came out
ON the second story porch, told
them to clear out and then fired
hitting the hood.
The boys testified that after
the first shot Mr.. Bayne called
That one went in the hood and
the next ones for you" After
the second shot, they testified
he said, I've got one for each
of YOU"
AS they pulled out of the park
ing place, the boys said, the
driver killed the motor and the
car rolled back. At that time
they claimed, the third shot was
fired, entering the door of the
car and hitting Drake in the
thigh. The fourth shot, which
followed quickly, also went
through the door and hit Drake
in the foot. When he told them
he was hit, the boys thought he
was joking, but after he was hi
a second time and the boys saw
the blood, they stopped and got
out in front of the car to see
the extent of the injuries.
According to five of the boys
none of them said anything tc
Mr.. Bayne. Young Hartung, how
ever, testified that he called out
something between the second
and third shots, but he could not
remember what.
From the restaurant, the boys
went to the Casino, where they
ere directed to a doctor ir
a nted They returned to the
sino with the idea of getting
warrant sworn out, but in
stead started on home. At Jar
visburg, they stopped at DR.
Charles Wright's, where they
found state police and secured
an ambulance to take Drake t.
a Portsmouth hospital. He re.
manned there from early Sunday
morning to the following Wed
nesday.
Mr.. Bayne, put on the witnes:
stand, said that after the res
taurant was closed at 8 O'Clock
and the work was finished, his
had gone to his upstairs apart.
ment and gone to sleep. He wa:
wakened, he said, by a banging
noise. Stepping out on the porch