Tabor City tribune. (Tabor City, N.C.) 1946-1991, 1960-06-15

Wilmington, y. c. truck driv-
ca.
\ Jury OF - men found him
guilty Of involuntary man-
laughter, refusing to return Il
verdict of guilty OF murder
either without or with a re-.
commentator To mercy, or to
acquit him.
In effect the jury said it be-
llcved Tylcr'S statement that
Mlllcr'S rifle discharged ACCT
drnblly as Tyler pulled il "a
cross the top OF the back seat
of Henry J. automobile and
that the jury discounted state
mentS of bud Granger, con-
VlCtcd State Line bbootlegger.
and Clyde SoleS, motel operat-
OF, that Tyler had told them
that he killed the man because
of a belief that the man was a
federal stool pigeon that
do. Ele-croSSed me twice"
Statements given police by
Howard Tyler, link Hewett.
Earline Hewett, and Carl Lee
Hcwett were not admissible as
cN Idence against Franh Tyler
because the HewettS and How
= ard Tyler were co-defendants
with Tyler, each being charged
with being an accessory after
the fact
The verdict also said in eff
4 fec Sthat the jury did not be-
lieve Tyler Intentionally killed
Miller but that he was neglig-
cnt i'll handling the rifle. for
8 Judge G.. Badger Baker had
4 charged the jury to that effect.
The link and Carl Lee Hew-
i EFT and Howard Tyler were
3 automatically freed when the
& jury returned the verdict OF
Involuntary ma nslaughter
b AGAINST Frank Tyler, because if
#thefe was no murder, they
tCould not have been accessor-
4 les TO murder.
None of the HewettS took
q the stand. Howard Tyler and
"a Frank Tyler did.
Howard Tyler testified that
1.-THE rifle discharged as he was
2getting out of the car and that
he could not say whether
&Frank Tyler pulled the trigger
&orpphe gun discharged acct
oentally.
e Frank Tyler said il was an
accident.
II He added that he went into
p state of shock and confusion
1or about the next two hours,
curing which Miller's body
waS burned, and that he could
not recall clearly the events
that occurred during that time.
~ Tyler testified that after Bud
Granger met him at Clyde
SoleS' on Nov. IL. five days
after the shooting, bud took
hlm To the scene where the
body had been burned and tt
Exempted to use his knowledge
cot the death and body burning
gas a lever to force Tyler to
perjurc himself i'm federal
court in Grainger's attempt to
3beat the rap on charges OF vio-
eslatEIg the liquor law while on
probation and of bribing fed
eral witnesses.
"a Tyler testified that earlier
he had led Dud Granger into
a federal trap in North Caro-
lima with load of liquor and
That he testified against Grain
ger and Granger was sentence
& ed to pay $4,000 fine and
was placed on probation for 10
mf"hs. in addition to being
placed on probation.
He said that Granger want
ed him to go into federal court
IN Florence (where Granger
was later convicted) and test
lily that the testimony he gave
in Wilmington was "a lie"
Granger had testified earl
Ter that after he met Tyler a,
y Clydc's Motel, Tyler took him
toGhe scene of the body burn
q ing, told him the body was tina,
4 OF a federal man" and tina,
n he was showing him the evi.
dence so Granger would know
y that Tyler was playing sauar,
with him.
i The jury received the cas-,
al $50 y. m. A couple hour,
later Judge Baker called then
back TO the courtroom and ad.
mnished them 10 bend ever,
4 hs|C to reach a verdict. but I,
Go so without compromise O
conscience. The jury announc
ed at 6:53 p. m. that it ha,