Isaac Ward, charged with having been the hit and run driver who on October 9, driving a Ford roadster, struck Bill Byrum, aged resident of the Fork community near this city, on the Fork road not far from the residence of K. R. Winslow, Saturday night, October 9, inflicting injuries as a result of which Byrum died in the Elizabeth City hospital some days later, was not held for probable cause when the case came before Trial Justice Sawyer this morning.
In announcing the court’s failure to find probably cause, Judge Sawyer made it clear that this action would not prevent the case from coming to the attention of the grand jury for action should there be further developments which would justify such a course.
The State’s failure to make out a case was due to the refusal of the principal witness for the defense to identify Ward in the courtroom as the driver of the death car. This witness was Lloyd Winslow, son of K. R. Winslow, eyewitness of the accident, who testified that he saw the car before it struck Byrum, that he saw it when it hit its aged victim, and that, as the driver without stopping speeded up his car in passing the Windslow residence, he saw that driver turn a frightened face directly toward him.
“It looks like they’ve got the right man” was as far as he would go toward identifying the defendant, and even this statement was hedged about with numerous qualifications.
Explaining how he came to turn the number of Ward’s car over to the police department, Winslow testified that the equipment and appearance of Ward’s car corresponded to the appearance and equipment of the car that struck Byrum. He found Ward’s car on Skinner’s avenue on the Monday following the accident, and turned the license number on it over to the police, he testified. Police who made the arrest from statements made by Winslow expected the witness positively to identify Ward as the driver of the death car. Winslow, however, had apparently lost his early interest and zel to bring to justice the guilty man in the case. He did not sapper in court until an officer had been sent for him, and had the air on the stand of a most reluctant and unwilling witness. Winslow was fined $20 and costs for his failure to appear in the case as he had been subpoenaed to do.
The testimony of Dr. H. D. Walker, physician for Byrum, on the stand disclosed that ther were no visible injuries inflicted on Byrum that would have produced death. Death, in his opinion, was due to kidney trouble of long standing, which was aggravated by shock and by a broken leg which necessitated Byrum’s lying on his back.
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From the front page of The Daily Advance, Elizabeth City, N.C., Monday, Nov. 9, 1926
newspapers.digitalnc.org/lccn/sn92074042/1926-11-09/ed-1/seq-1/
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