The coastland times with which is combined the pilot and herald of Belhaven and Swan Quarter., 1962-05-25
VEHICLE GASES
HEARD IN COURT
BY JUDGE BAUM

I
| In the case of State VS.. Mel
win Massey Swindell of Swan
| Quarter, the defendants was
charged with operating a truck
without a muffler and driving
without alicense plate or a reg
istration card.s
| Swindell offered no contra
diction Of the officers testi-
mony, but explained to the
court that his license plates
had probably been Jared off
by the roughness of the roads,
He stated that parts for a
muffler had been ordered from
local firm and that he planned
to have the equipment installed
while in the area. He produced
a registration card in court for
the vehicle.
Judge Baum dismissed all
charges except the indictment
for an improper muffler and
fined the defendant $40 and
costs of court.
Robert Crockett Scarborough
| of Kitty Hawk was fined $40
and costs for failure to have
license plates on the truck
which he was driving on the
afternoon of May IL. Scar
borough took the stand to tell
the court that che didn't notice
to see whether the truck had
plates or not" The witness
said he had been employed by
a local contracting company
and was driving their vehicle.
Norman R. Perry and Redden
B. Perry were both fined $40
and costs for their part in the
assault upon John M. Baum, II,
on May Is at Kitty Hawk Ele-
mentary School. Baum stated
that Redden Perry, 21, jumped
on his back and threw him to
the ground and that Norman,
Redden's "a year old brother,
knocked me back up again"
C. B. Mcclure of Chester,
Virginia was found guilty of
falsely registering as married
to a Mrs. Geraldine Sanna at a
| local motel and was fined $25
and costs for the offense. No
defense was offered by Nc
Clure.
A 21 year old Aulander youth
was fined $10O for driving und-
er the influence in the principal
case to appear before Judge W.
F. Baum in Recorders Court on
Tuesday. Jerry Banks III,
resident of Raleigh, had alleged
before the court that his weav-
ing across the highway, before
pulling into the parking lot at
the Casino on the week end Of
the Pirates Jamboree, had been
necessitated by the trough
spots in the road caused by the
storm"
Capt. L. S. Mieggs of the
N. C. Highway Patrol took the
stand to testify that he observ-
ed the defendant on the evening
of April %, when the youths
car CROSSED the center line
several times before pulling in
to the parking lot" Melggs
stated that the conditions of the
road, 158 business highway. did
not, in his opinion, justify the
avoidance of the ruts caused by
the Ash Wednesday Storm.
Meiggs noted that none of the
other cars which he observed
during the evening encountered
any difficulty in crossing the
gravel-filled holes.
Meiggs stated that he asked
the defendant to get out of his
car and that, in the open air,
he "smelled alcohol on his
breath" "The boy staggered
when he walked" Meigg noted
Banks stated that he was not
under the influence" while
driving the vehicle or at the
time of his arrest. Banks at
torney contended that the de-
fendant's consumption of al
cohol had not materially and
substantially influenced his
ability to operate a vehicle"
In delivering his verdict,
Judge Baum stated that he
sympathized with the defendant
because of his age and felt that
lis action did not justify a con-
fiction for reckless driving.
Baum said he was forced, upon
ne officers's testimony, to find
the defendant guilty of driving
under the influence. The defen-
dant, Banks, has appealed the
decision and was placed under
o. $3.50 cash bond.
A trespass charge against
FED DeFebio was dismissed by