pair it was $13,566.26. “That wa& probably too low,”

pair it was $13,566.26. “That wa& probably too low,” he added. He dug out of his pocket a doubled oveij piece of red tape. Inside were seve* ral shotgun pellets he had found in* side the airplane. He said five or si2 pellets struck the fuel tank. Fortu? nately they hit at a glancing angl$ and did not penetrate it, he said. ■»

“There was one concentration of shot holes in the left wing and fusa£ lage and another behind the can?, opy,” he said. J

Sheriff John Henry Woodward, and Deputy Capt. Jeff Browi' rounded out the prosecution’s case} Capt. Brown said they got to Mrs, Eaton’s house about 4 p.m. and he identified the purple shirt Mr. Bennett held up as being like the one shje was wearing at the time. J }

“While the sheriff talked with Mrs. Eaton I looked around,” Cap% Brown said. Using an aerial phot<£ graph of Mrs. Eaton’s house, he pointed out to the jury where he found three empty 10 gauge shotguft shells in the yard, all marked a£ holding .2 shot.

Inside the house he found a botf of mixed shells, all 10 gauge, next tp the gun cabinet.

“As I was looking around I over* heard her saying to the sheriff ‘You’ve got to help me on this on^, John Henry,’” he said. *-*•

Capt. Brown said that they asked Mrs. Eaton to come in to the office to make a statement and she replied that she would do so anjj bring in the shotgun and the purp£» shirt when she came. ®

When she did not come in to ttia Sheriffs Office, Brown said he anfi the sheriff went back out ang brought her in and charged her* They later obtained a search waiS rant and searched the house aboift midnight but did not find the shod gun, he said. “

Although Mrs. Eaton did njt take the stand, the defense presented a case that no one at ttfe house had shot at the plane. Anthony Allen Warren Sr., who was $ the house that day, said he had used the shotgun to shoot at some stallings that morning. “Susan did n& shoot that day, ” he said. “

“She would not have been able to pick up the gun that day,” he added./

She had had an operation the day before and could not do much of anything, he added. Responding to a question from Mr. Logie, Mr. Warren said he had seen an airplane that morning.

“He made maybe 10 - 12 passesu He was so low you could have thrown gravel and hit him,” he said: At one point he heard what he :hought was the plane backfiring “but then I realized it was shooting from a 25 acre parcel adjoining Mrs? Eaton," he said. *

ft

Sammy Foster of Hilltop Spoii and Pawn Shop on U.S. 211 exanq* ined the box of shells the Sheriff had placed in evidence and noted one oi them was marked .2 shot. H§ opened the shell, retrieved the sho£ from it and compared the unfireg shot with that recovered from the plane by Mr. Slaughter. “The two exhibits are two different sizes} They are from different sources.” }