Newspaper Page Text
<Tljc Atlanta Baarnal
VOL. XXIII. NO. 36.
VICTIMS OF "HING"
TIKE CIVIL ACTION
FOB CMC LOSSES
Suit for SB,IOO Entered by
,W. R. Manning for Recov
ery of Money Lost in Al
leged Swindle
Civil action on the part of two
victims of the so-called gambling
syndicate, in an effort to recover
all or part of their losses, now is
promised, and one of them —W. R.
Manning, of Dallas, Tex., has filed
through his attorney. Robert P. Mc-
Larty, a suit for SB,IOO against
Floyd P. Woodward, W. Clyde Smith
and others. 5
In the meantime, Judge W. D. Ellis,
Os the superior court, has appointed
Clarence Bell receiver for the prop
erty confiscated Monday by Solicitor
General John A. Boykin in a raid
on safety deposit boxes said to have
been rented by Woodward and Smith,
in which stocks, deeds, and securi
ties worth several thousands of dol
lars were found, with other documen
tary evidence said to be of much in
terest to the grand jury in its inves
tigation of the swindling and gam
bling activities of the alleged “ring.”
Manning, who, with Davis, Is the
principal victim of the gambling syn
dicate thus far uncovered, filed Tues
day morning a suit for the rovevery
of SB,IOO against Woodward, Smith,
and others; a civil action against
their property for alleged losses by
swindling in a fake stock operation.
Tiy petition sets forth interestingly
the alleged “modus operand!” of the
swindlers.
Manning’s petition recites that he
Was on a train coming from North
Carolina to Atlanta when a man call
ing himself “Moore”—later discover
ed to be a member of the swindling
gang—gained his confidence and in
Atlanta Introduced him to W. Clyde
Smith, supposed to be a dealer in
stocks and other securities.
Manning’s petition says that Smith
ana Moore induced him to go with
them to 45 Carnegie way, where they
found what purported to be a stock
exchange, directed by Floyd Wood
ward, Smith and Edward O. Ellis.
Manning says he was invited to
join Smith and Moore in the buying
of certain stocks on the New York
exchange, but declined. Smith and
Moore, he says, then pretended to
buy alleged General Motors stock,
putting up two checks for $15,000
each qs a guarantee.. These checks,
curiously enough, he says, were
signed “Manning.” but with initials
differenj from those of the petitioner.
Presently, he says, a man called
“Adler,” supposed to be the manager
of the "exchange,” announced that
Smith and Moore had made a profit
of $82,000; and proceeded to count
out the money, in bills of large de
nomination.
Question of Liability
At this point, Manning says, the
question of liability by the house was
raised by one of the “managers,”
who said they had no assurance.that
the checks put up against the deal
were good. He says Smith and
Moore premised to raise the amount
and told him that ft he would raise
$15,000, the amount of one check,
they would raise the other $15,000,
and divide the* profits with him.
Manning says he then went to Dal
las and got $6,900 in cashiers’ checks;
also $1,200 in cash. ‘He says he re
turned to Atlanta, but was not able
to cash the checks here. Upon advice
©f Smith and Moore, he says, he
went to Nashville, Tenn., where he
converted the checks into Liberty
bonds. He says he brought the bonds
and cash back to Atlanta, and, to
gether with what Smith and Moore
were supposed to have raised, the
funds were given to "Adler.” Adler,
he says, seemed to be satisfied, and
pretended to send out after the $82,-
000.
In the meantime, Manning says,
a proposal was made by Smith and
Moore that they trade further on the
exchange. Manning says he again de
clined, and Smith told Moore to go
ahead amd sell their share of the
stock. Moore, he says, went out and
later returned in pretended distress
and announced that he had invested
the entire $82,000 and ‘lost it.' Smith
and Moore, he says, pretended to be
come involved in a quarrel and a
fight; tfrom which they were sep
arated, and Smith pretended that he
either would reimburse Manning for
his loss, or would give him an op
portunity to recoup, but, he says, this
■was never done.
These injunction proceedings were
brought against Floyd P. Woodward,
"William Clyde Smith. Edward O. El
lis, J. B. Adler, alias J. B. Lymons;
A. L. Moore, W. W. Cline, alias “Swif
ty” dine; J. F. McKlaskey, alias
“Puss*’ McKlaskey; M. M. Killen,
alias "Red” Killen; Little Brickley;
Abe Hoizman. alias “Black Mike;”
Neil McDougal; George Irwin,> “Kid
Gleason, Frank L. Douglas and other
persons.
Order is Asked
It is stated in the petition that
tfaje defendants named in the case
are professional gamblers, swindlers
and confidence men, most of whom
have long criminal records. For
more than two years, it is said, the
conspirators have maintained head
quarters in the Flatiron building, at
45 Carnegie Way. 25 West Peach
tree street, 49 1-2 Central avenue,
and 33 1-2 North Broad street.
The petitioner says it is not in
tended to allege that all the mem
bers of the confederation actually
participated in the details of every
fraud perpetrated, but always gave
“general aid and co-operation.”
It is asserted by the petitioner
that Woodward and Smith possess
considerable property in Atlanta
and Fulton county, a great deal of
which has been turned over to rela
tives. He requests that a restrain
ing order be issued against all
parties • named, also Mrs. Elizabeth
Smith, wife of W. Clyde Smith, and
Mrs. A. D. B. Woodward, mother of
Floyd Woodward, to prevent them
from disposing of any of this prop
erty, both real and personal, pend
ing a hearing by the court.
Hearing on tnis Injunction has
been set for January 8. 1921. At
torneys Hooper Alexander, Scott
Candler, and Robert P. McLarty are
counsel for the petitioner.
The grana jury resumed its probe
©f alleged gambling, fake horse rac
ing, wire-tapping and swindling
Tuesday morning and it is expected
that during the week a large number
of indictments will be returned in
volving a number of Atlantians. The
names of the indicted persons will
not be made public, however, until
. (Continued on Page 6, Column 4)
W. F. HETRICK HELD
IN SOUTH CAROLINA
ONAGWORTHCHARGE
Former Manager of Cotton
Mills, Accused of Short
age, Arrested After Being
Trailed for Long Time
W. F. Hetrick, who is wanted in
Cobb county on a charge of embez
zling funds of the Acworth Cotton
Mills, of which he was general man
ager and secretary-treasurer, has
been captured in Columbia, S. C., and
a requisition for his return to Geor
gia was issued Wednesday morning
by Governor Dorsey.
, Hetrick was arrested last October,
and at the time of his arrest it was
estimated that his alleged shortage
was about $6,000. He was released
on a bond of $5,000. Subsequently
an audit of the books of the mills was
made and it was found that the total
shortage was about $90,000. When
the case against Hetrick was called
for trial, he failed to appear, and his
bond was forfeited. The bondsmen
Herbert Clay, state sena
tor-elect and’ prominent lawyer of
Marietta, to apprehend Hetrick and
return him to Cobb county for trial.
Attorney Clay in turn engaged the
services of the Adams National De
tective agency, of which W. T. Gloer,
of Atlanta, is general manager, and
tjiey took up the trail. Hetrick was
followed to Minnesota, to Florida
and to several other states, and fi
nally located in Columbia, S. C.,
where, it is said, he had an engage
ment to meet his wife and spend the
Christmas holidays. On his arrival
in that city he was met by an officer
of the law and placed under arrest.
Attorney Clay at the governor’s of
fice Wednesday morning stated that
Mr. Gloer had done a very fine piece
of work in trailing Hetrick.
Hetrick was only twenty-eight
years o)d at the time of the alleged
embezzlement. For a man of ftis
years he held a very responsible and
important position. He is said to
have owned considerable stock in the
cotton mill for which he had given
his note, and is said to have lived in
fine style with expensive automobiles
and other luxuries. The general im
pression in Acworth and Marietta
was that he was a very wealthy
young man.
Upon the arrival of Hetrick in Co
lumbia Tuesday afternoon, it is said,
he was conf?onted by a representa
tive of the Adorns detective agency.
At that time? it is said, Hetrick was
dressed as a tramp, "the detective,
it is said, shadowed Hetrick until an
officer could be secured to place him
under arrest upon a warrant which
the detective had in his possession.
Since Hetrick’s disappearance sev
eral months ago, diligent efforts have
been made to place him under arrest,
and it •is said that on several occa
sions the dragnet which had been
spread for him by Mr. Gloer was
about to close up when Hetrick
would suddenly disappear. For sev
eral weeks, it is said, he was in
Philadelphia, where he was employed
as a proof reader in a printing of
fice.
Hetrick, it is said, was an officer of
cotton mills located in several Geor
gia towns.
MARKET BUREAU
MOTION BEFORE
' FARMERS’ UNION
A resolution Indorsing the plans of
Governor-elect Hardwick for an en
larged state market bureau was be
fore the Georgia Farmers’ union at
Wednesday morning’s session of
their annual meeting, which is being
held In the hall of the house of rep
resentatives in the state capitol.
In a recent address in Athens the
governor-elect outlined a plan for
greatly enlarging the scope of the
state market bureau. He proposed
to have an agent of the bureau in
every county in the state to assist
the producer of food and feed crops
to market the same to the best ad
vantage and profit with dealers in
the large centers throughout the
country. The resolution indorsing
the plan was presented to the Farm
ers’ union by John G. Hollingsworth,
of Screven county, a member-elect
of the next state senate, and chair
man of the resolutions committee of
the annual meeting. The indications
were that the resolution would be
adopted.
Most of the morning session was
devoted to reports from the county
locals of the Farmers’ union, which
were heard in executive session be
hind closed doors.
Hamon Case Girl
Soon Expected to Be
In Hands of Sheriff
. ARDMORE, Okla., Dec. 22.—Sheriff
Buck Garrett and Charles A. Coak
ley, attorney, left Ardmore yesterday
for El Paso to meet Clara Barton
Smith, sought since November 23, in
connection with the death*of the late
Jake L. Hamon, Republican national
committeeman, it was announced
here yesterday afternoon by James
H. Mathers, of the law firm of
Mathers & Coakley, counsel for
Miss Smith.
Miss Smith has notified the sheriff
and the law firm retained for her
as counsel, that she desires to sur
render, Mr. Mathers said. He added
that the two men would rea,ch El
Paso late today.
Mr. Mathers also announced that
forty prominent persons of Ardmore
had given his firm $2,500 to be used
in defending Miss Smith.
70 Philippine Police
Plead Guiljy to
Sedition Charge
MANILA, Dec. 21.-P-Seventy mem
bers of the Philippine constabulary
pleaded guilty here today on charges
of sedition in connection with the
riot with Filipino military police
last Thursday night, which resulted
in seven deaths. v
NEW 2 BILLION
IN FARM PAPER
IS REDISCOUNTED
Atlanta District’s Total Is
$230)000,000 Against
$91,300,000 Last Year,
Governor Harding Says
WASHINGTON, Dec. 22.—Nearly
two billions of dollars’ worth of
paper based on production and sales
of farm products has been redis
counted by federal reserve banks this
year, Governor Harding, of the fed
eral reserve board, estimated in a
special report sent today to Chair
man Gronna, of the senate agricul
ture committee. The amount of such
rediscounts in 1919 was estimated at
$719,266,000, Mr. Harding estimated.
The figures include eleven dis
tricts. There was no report from
the New York Reserve bank as the
board said there was a very small
amount of farmers’ paper re-dis
counted there. Figures form the oth
er districts follow:
Boston, 1919, $2,642,000; 1920, $4,-
979,000.
Philadelphia, 1919, $2,971,000:
1920, $3,580,000.
Cleveland, 1919, $612,000; 1920, sl,-
753,000.
Richmond, 1919, $102,000,000.; 1920,
$325,00000.
Atlanta, 1919, $91,300,000; 1920,
$203,000,000.
Chicago, 1919, $47,263,000; 1919,
$128,408,000.
St. Louis, 1919, $220,000,000; 1920,
$665,000,000.
Minneapolis, 1919, $75,000,000;
1920, $225,000,000.
Kansas City, 1919, $123,481,000
1290,
Dallas. 11)19. $28,997,000; 1920, $44,-
911,000.
San Francisco, 1919, $25,000,000;
1920, $89,000,000.
"The special figures furnished bv
the federal reserve banks In accord
ance with your request,” said Gover
nor Harding's letter, “are in all
cases estimates, no exact figures of
the total volume of loans for agri
cultural purposes being available at
the federal reserve banks.”
"It should be borne in mind also
that the total amount of farmers’
notes rediscounted by federal reserve
banks gives no Indication of the
amounts advanced by the federal re
serve banks to finance the productio i
and sale of farm products, since
large amounts advanced to member
banks in other districts on commer
cial. and industrial paper are used
by these banks for loans to agricul
tural interests.”
Four Are Killed in
Powder Explosion
At Scranton, Pa.
SCRANTON, Pa., Dec. 22.—Four
men are known to be dead as the re
sult of an explosion in No. 2 pack
ing mill of the Du Pont powder works
at Moosic, seven miles from Scran
ton, today. The dead are: Samuel
Bowen, Edward Croone, Calvin Shot
well and one unidentified.
Congress Asked for
Muscle Shoals Fund
WASHINGTON, Dec. 21.—Inclu
sion in the annual sundry civil bill
of an appropriation' of $10,090,000
to carry on work during the coming
fiscal year on the government dam
being constructed at Muscle Shoals,
Ala., was urged today by Representa
tive Sells, of Tennessee, and C. H.
Huston, president of the Tennessee
Rivers association, appearing before
the subcommittee that is framing
the measure.
A CHRISTMAS GIFT
Holding open The Tri-Weekly Journal’s remarkable TWENTY-
FIVE CENT OFFER is nothing short of being a CHRISTMAS \
GIFT. Be Santa Claus to yourself—or to somebody else. Send
TWENTY-FIVE CENTS in pennies, silver, stamps, money order or
check and get the SOUTH’S GREATEST PAPER for THREE
MONTHS. Or send The Tri-Weekly Journal to a friend or rela
tive as a Christmas present. Listen! The trifling sum of $1 will
give FOUR FRIENDS a gift that will remind them of your thought
fullness THREE TIMES A WEEK for THREE MONTHS! And if
you send $1 for FOUR SUBSCRIPTIONS you get the paper YOUR
SELF for three months WITHOUT COST! This is CHRISTMAS
WEEK. Give yourself the benefit of either one of the two offers
detailed below. Mail the coupon TODAY!
j— * K
CLIP THE COUPON! CLIP THE COUPON!
The Atlanta Tri-Weekly Journal, Atlanta, Ga.: The Atlanta Tri-Weekly Journal, Atlanta, Ga.:
Enclosed find 25c. Send me Tri-Weekly Journal Enclosed find sl. Send The Tri-Weekly Journal
for three months from date this is. received. for three months to the following four addresses. Also
, extend my subscription three months as per your offer.
N ame Names Postoffice R. F. D.
p.o i ••••
State ...... .*.**. *
R. F. D. No Put your own name and address on line above.
/ ... 1 , .
- •
ATLANTA, GA., THURSDAY, DECEMBER 23, 1920.
A
ril pikt
] y? 7~r/
Ur
VOTE ON MEASURE
HELPING FARMER
EXPECTED SOON
WASHINGTON, Dec. 22.—A vote
before adjournment was the schedule
under which the house was working
today in considering the Fordney
emergency tariff bill designed to
check falling prices on more than a
score of farm products by virtually
stopping their importation through
heavy duties. Adoption of a special
rule yesterday giving the measure
the right of way and limiting debate
left no opportunity for amendments
to include articles when the bill was
called up today.
Although expecting a hard fight,
proponents of the measure declared
that the majority secured yesterday
on the motion to suspend the busi
ness calendar Wednesday so «s to
bring the bill to a vote before ad
journment insured its passage in the
house. No forecast was made, how
ever, as to the probable action of the
senate, where the fate of the meas
ure was regarded as somewhat doubt
ful.
Removal of New York
• Police Head is Asked
NEW YORK, Dec. 21.—A resolu
tion calling for removal of Police
Commissioner Enright, under fire in
New York’s present crime wave, to
day was introduced at a meeting of
the board of aidermen by Aiderman
Bruce M. Falconer.
POSES AS “ACE,”
MARRIES GIRL,
AND VANISHES
JACKSONVILLE, Fla., Dec. 22.
After posing as Eddie Rickenbacker,
the famous American ace, and marry
ing Francis Hannan, one of Jack
sonville’s prominent society girls and
victimizing a number of prominent
men of hundreds of dollars, an uni
dentified man has departed for parts
unknown, taking with him his bride
of two days and cash estimated to
be more than $2,000.
The imposter was elaborately en
tertained in clubs and swell social
functions. Several days ago he ar
rived in Jacksonville, two days aft
erward he met Miss Francis Hannan,
daughter of a prominent business
man. At a banquet Sunday night
they announced their engagement.
The same night, accompanied by
friends, they went to St. Augustine
where they were married.
While here he signed a contract
with W. H. Karans, of New York and
Philadelphia, said to be sales man
ager of a brass manufacturing com
pany of Philadelphia, appointing him
manager of the Stutz Motor Car com
pany at a salary of $25,000 a year.
After the appointment was accepted
the imposter borrowed SI,OOO from
Farans.
The real Rickenbacker is in Oak
land, Cal., according to dispatches
received here.
MARTENS WILL
SURRENDER TO
U. S. ON JAN. 1
WASHINGTON, Dec. 22.—Form? 1
surrender of Ludwig C. A. K. Mar
tens, self-styled Russian soviet
“ambassador” to the' United States,
to the department of labor January
3 was de--ided on -* a conference
here yesterday between department
officials and counsel Martens.
The conference followed the de
cision last week of Secretary Wilson
directing the deportation of the so
viet Russia. Since the in-
stitution of the deportation proceed
ings last March, Martens ?as been
in custody of his counsel and he wil
continue under his present status un
til his delivery to the labor depart
ment.
Formal order for the deportation
of the Bolshevik envoy will be made
on January 3 by the immigration au
thorities and at the same time loun
sel for Martens is to apply
to the court for a writ of habeas
corpus to st?'- ,b n denr>r* , ’tion.
Martens Is understood to nave
communicated with the soviet au
thorities in Moscow annourtcing the
action of the American government
and requesting instructions. Defi
nite decision as to whether recourse
will be had by Martens to the courts,
it was said today by Charles Recht,
associ ’e counsel, will depend upon
the answer of the Bolshevik authori
ties.
MERCHANT IS SLAIN
AND SAFES CRACKED
BE ATLANTA YEGGS
Holdups Add to General Un
lawfulness Police Are
Active, Make Several
Arrests
Drastic steps to break up crime
in Atlanta were taken by Chief of
Police Beavers Wednesday morning,
following a series of robberies that
reached a climax Tuesday night in
one murder, four burglaries, one at
tempted safe-crackings, two holdups
and several minor thefts.
First, Chief Beavers announced
that fifty men will be taken from
the day watch and transferred to the
evening watch and morning watch,
where they will work in plain
clothes and "cover” the city from
dusk to dawn, twenty-five to the
north side and twenty-five to the
south side.
Second, the chief called on every
member of* 1 the civilian police force,
through the newspapers, to help the
police in the crisis by getting out at
night and using the utmost vigilance
in their neighborhoods to run down
suspicious characters and protect the
public.
High Powered Cars Needed
Third, Chief weavers, Chief Poole,
Police Commissioner Andy King,
Councilman Al Martin, chairman of
the police committee of council, and
others declared they will urge that
the police force be increased by
fifty men at least and that the po
lice department be furnished with
high-powered automobiles, equipped
with gongs and sirens, that shall
have the right-of-way over all traf
fic, the same as fire engines.
"The cars we have in use are so
brokn-down that some of them can’t
run •at all and others can’t make
more than twenty miles an hour.”
declared Chief Beavers. “Many of
them have been used since 1912 and
1914. Fast cars will do more than
anything else to stop crime in At
lanta.”
Councilman Al Martin says he
already has secured the promise of
SB,OJO additional budget for the po
lice department, and that he will
recommend that $5,000 of this be
put into fast cars, $2,000 be used for
new motorcycles and SI,OOO .be used
to buy bicycles.
Condition General
"We have had ’crime waves’ in At
lanta before,” declared Chief Beav
ers Wednesday morning, “but I can
not remember when we have had so
many crimes in such a short period
as Atlanta has known in’ the past
few weeks. As a matter of fact,
this condition is true all over the
country, In New York, Chicago and
other big cities especially. What
we can do to break it up in Atlanta,
we will do with all our power.”
The list of new crimes in Atlanta
Tuesday night included the follow
ing:
The murder of Carl Rappold, a
storekeeper at Sims and Mary
streets, who was shot down by a
masked negro in the front of his
store, after he was dragged there
by three burglars and after he had
cried to his wife to get a pistol.
Two Hold-ups
The attempted cracking of the safe
of the R. O. Campbell coal yard at
Brookwood station, where yeggmen
bungled the job, blew the safe only
partly open and failed to get S7OO it
contained.
The hold-up of Y. R. Howell, at
Spring street and Carnegie way,
where two young white men robbed
him of $64.80 at the point of a gun.
The hold-up of A. D. Harcourt, at
Luckle street and Bartow street,
where three white men, their faces
blacked to resemble negroes, took
from him SIOB in money and some
jewelry.
The robbery of three stores, that
of Charles Bombas at 266 Edgewood
avenue; that of Jacob Turetsky, of
155 East Hunter street, and that of
J. C. Anderson, of 762 North Boule
vard.
The burglarizing of the residence
of H. P. Mooref at 54 Fairview road.
Several Arrests Made
The night was not without its ar
rests, either. Shortly after the Car
negie way holdup, Patrolmen Davis
and Whaley arrested Paul Williford
an'd Fred Cottingham, who gave their
address as Mullins, S. C., in a down
town restaurant, and they are held
at police station on suspicion. Mr.
Howell, the victim of the holdup,
was to confront them during the
day to see if he could identify them.
Another arrest was that of H. A.
Terrell, colored, of the rear of 221
"Washington street, who is said to
have confessed that he robbed the
store of Jacob Turetzsky. He was
arrested by Patrolmen Centerfield
and Andrews near the store, with a
basketful of groceries, and his con
fession resulted in two other arrests.
Will Barnett and Henry Chapman,
two negroes, implicated by Terrell,
were arrested in the rear of 144
Richardson street. Chapman resist
ed, drew a gun and was shot in the
leg.
It is said that officials of the de
partment of justice have made an
arrest at Toccoa, Ga., of a man said
to be concerned in the robbery of
the army recruiting station Monday
night, where two small field safes
were cracked.
First Fatality
The murder of Carl Rappold—the
first fatality in the crime wave —was
done in cold blood, according to ac
counts given the police. Rappold had
closed his little store at Sims and
Mary streets, in the Pittsburg sec
tion, had retired to rear rooms,
where Tie lived with his family—
his wife and four small children.
Suddenly three masked negroes
burst in the rear door. Mrs. Rap
pold was cooking supper. Before she
or her husband could make a move
ment, the burglars seized Rappold
and dragged film into the store,
where they ordered him to open the
cash drawer. Rappold screamed to
his wife to get a pistol. At that,
one of the negroes put the muzzle
of a Winchester rifle to his head,
pulled the trigger and sent a bullet
crashing through Rappold’s brain.
Ae he fell to the flood dead. the. ne-|
(Continued on Basra 6. Cel-nmn 5)
Scents a copy
$1.50 A TEAR
JUDGE DISCHARGES .
FOUR BEFENMNIS ’
IN SHEPARD CiSE i
Mrs. Elmer, on Hearing
cision, Cries “God Was ■
With Me,” and Collapses. ,
Demonstration Staged
BY ED H. BRADLEY
(Staff Correspondent of The Journal)
MACON, Ga., Dec. 22.—Declaring
that the evidence introduced by the
state was not sufficient to arouse a
"reasonable suspicion" of guilt,
Judge H. A. Mathews, of the Macon
circuit, superior court, last night
discharged the four defendants J
charged with the murder of Fred D fl
Shepard, wealthy fruit grower
Houston county. The action of
Mathews came at the close of
preliminary hearing, which
Tuesday, December 14. f
The defendants were M
Elmer, former wife of She:
lonia n,. n ry. her sister;
son, her son by her first
and Mrs. Annie Cutts. \ < ;4
charged with having f
spiracy to pomon Shepard
chloride of mercury, the
je.ot being to gain possessitflM
personal estate valued at a
ly $300,00; his share of his falßci B
estate, valued at between $2,000,0. 1
and $3,000,000. 1
Wild applause from the spectator,
who packed the court room foliowet! \
Judge Mathews’ decision, while the
four defendants gave vent to theii
pent up feelings by manifestation :
of delight. Mrs. Elmer became hys fl
terical, suffering a nervous and phys-J
ical collapse. She was removed b”
her hotel after receiving first ait
medical treatment In the court roon
and within a few hours was said t<
have recovered completely.
Climax Most Dramatic
The climax of the famous case w.°
extremely dramatic. The hearin:
hhd been In progress for seven day
testimony of the most sensa
tional character had been Introduces
on both sides. The court room had
been crowded at each session of the .
hearing. Finally, after six hours’ of jr
argument by attorneys for the stat- ■
and defense, the case -went to Judge V
Mathews, for his decision as to
whether the defendants should bo L
bound over to the grand jury undei
bond, or whether they should be dis JB
charged absolutely. All four of them
had been in Jail since November 27 Bi
when the coroner’s jury at Fort Vai
ley returned a verdict to the etfoc JH
that Shepard came to his death fro: ’ |p
bichloride of mercury poisoning. V
Judge Review* Case
Judge Mathews made a brief state
men from the bench, reviewing
legal aspects of the case and J
ing that under the law a
hearing must establish a “reasonabWW
suspicion” of guilt before defendanWß
can be bound over. He explained thH||
difference between a
hearing and a trial by jury. In
it is necessary for the state to
the guilt of the accused “beyond a
reasonable doubt." He also made 1 j
clear that under his ruling early ip J
the hearing, conversations of any ot ’
the defendants with outside parties
could affect only those defendant:
individually. Td’ward the conclusior
of his remarks, Judge Mathews in
dicated that under the evidence, Mrs B?
Cutts could only be charged with hav H
Ing been an accessory before the
if it were found that a crime
been committed.
"Upon considering the entire evt- I
dence in this case it must be seen I
that it is very conflicting, particu
larly as to the testimony of the ex
perts,” said Judge Mathews In con
clusion. "It does not appear to any
degree of clearness that these de
fendants had any part in a crime, if, J
in fact, there was a crime commit- B
"I, therefore, discharge all four of
the defendants.” aH
Mrs. Elmer Hysterical
His announcement was received
absolute silence. Suddenly a
cried out hysterically and the
broke into wild applaus. There
a general rush toward the
who had sprung to their feet and were
embracing each other, their friends B
and their counsel. Mrs. Elmer arose
unsteadily, looked about her wildly J
and began to make her way
the crowd toward the center of
space cut off by the bar railing.
"I have not walked alone through
this terrible ordeal,” she cried, pull- I
ing her hat oft and gesticulating fl
wildly, while her eyes held a far- I
away look as though she saw noth- J
ing of what was going on aroun her. |
"I have not walked alone.” she re- J
peated, "Jesus did not walk alone in fl
the garden. God was with him. God
was with me, too. He helped me I
He helped me.” B
She swayed and would have fallen
to the floor but for her friends,
•caught her as she collapsed. It
pened that Dr. Herbert Rushin,
Abbeville, her family physician,
been summoned as a witness
was among the spectators in
courtroom. He made his way to Mrs.
Elmer’s sl&e and gave such
attention as was necessary, so
after a few moments she was
to leave the courthouse and go to j
hotel, where she spent the night
The crowd remanled until the last
one of the defendants had left and
then dispersed slowly, discussing tht
various angles of one of the urnx.. ■
sensational cases in the history of I
the state. #
Mrs. Menry left Immediately with fl
her husband for their home in Perry. ■
Mrs. Cutts and her husband prepar- ■
ed to catch an early morning train M
for their home in Fitzgerald, while H
Ernest Hopson remained in Macon V
with Ms mother, ’Tanning to accom- M
pany her to her home in Jacksonville I
this afternoon.
The taking of evidence in the case
wai concluded at the morning ses- fl
sion of the hearing and arguments B
(Continued on Fava 6. Cclumn r*
( I