Georgia, H-I, 1849-2001

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114 -Ga.

jurisdiction of the subject matter, and the
defendant having appeared in court
through his counsel, the court was vested
with complete jurisdiction to award a
porary alimony and attorney's fees under
her application for alimony, both tem-
porary and permanent, together with at-

torney’s fees. No complaint is made as to
the amount of the award, and the discre-
tion of the court in allowing temporary
alimony and attorney’s fees will not be
disturbed.

Judgment affirmed.

All the Justices concur.

Aumse

“JOHNSON v. ELLINGTON et al.
No. 14691.

Supreme Court of Georgia.
Nov. 10, 1943.

1. Conspiracy G=5, 6

Where civil liability is sought to be
imposed for a conspiracy, the conspiracy
of itself furnishes no cause of action, but
the gist of the action is the tort committed
against plaintiff and the damage thereby

done.

2. Pleading €=8(15) ;

Mere gencral allegations of fraud are
not good against general demurrer, but
the specific facts constituting the fraud
must be stated.

3. Pleading €=8(3) oe

Petition, alleging that plaintiff was a
member of a local labor organization and
that defendant members had damaged him
in a stated sum “due to a conspiracy and
that for malicious, wanton, and illegal rea-
sons they had formed a conspiracy to oust
him from the organization and fraudu-
lently caused his dismissal therefrom, but
not showing any specific facts from which
the conclusion would logically follow, was
not good against general demurrer.

4. Pleading C251 ;

Where first-amended petition against
defendant members of local labor organiza-
tion for conspiracy to oust plaintiff mem-
ber from the organization and for fraudu-

28 SOUTH EASTERN REPORTER, 2d SERIES

lently causing his dismissal therefrom was
not good against general demurrer, and sec-
ond amendment, without making a desig-
nated trust company a defendant, sought
only to restrain it from paying out Soe
eys on deposit by the organization, seconc
amendment did not cure infirmitics of pe-
tition as first amended. Code, 81-1312.

—__—_———-

Error from Superior Court, Fulton

County; A. L. Etheridge, Judge.

Action by F. L. Johnson against Emmett

Ellington and others for conspiracy and

fraud. To review an adverse judgment,
plaintiff brings error.

Affirmed.

William A. Thomas, of Atlanta, for
plaintiff in error.

J. C. Savage, T. J. Couch, and A. T.
Walden, all of Atlanta, for defendants in
error.

Syllabus Opinion by the Court.

DUCKWORTH, Justice.

[1] 1. “Where civil liability for a con-
spiracy is sought to be imposed, the conspir-
acy of itself furnishes no cause of action.
The gist of the action is not the conspiracy
alleged, but the tort committed against the
plaintiff and the damage thereby done.
Woodruff v. Hughes, 2 Ga.App. 361(1), 58
S.E. 551; National Bank of Savannah v.
Evans, 149 Ga. 67(1), 99 S.E. 123; Clein
v. City of Atlanta, 164 Ga. 529, 534, 139
S.E. 46, 53 A.L.R. 933; Lambert v. Georgia
Power Co., 181 Ga. 624, 628, 183 S.E. 814.

2). 25: Mere general allegations of
fraud are not good against general de-
murrer, but the specific facts constituting
the fraud must be stated. Luke v. DuPree,
158 Ga. 590, 598, 124 S.E. 13; Jones v.
Robinson, 172 Ga. 746(3-c), 158 S.E. 752;
Gentle v. Georgia Power Co., 179 Ga. 853
(5), 859, 177 S.E. 690.

[3] 3. Accordingly, the petition as first
amended, against eight members ofa local
labor organization, alleging that the plain-
tiff was a member in good standing of such
organization, and that they had damaged
him in a stated sum, “due to a conspiracy
between the named defendants, and that
for malicious, wanton, and illegal reasons
they had formed a conspiracy to oust ie
from the organization and did fraudulently
cause his dismissal therefrom, but not

HUBBARD vy. STATE Ga. 2415
28 S.E.2d 115

showing any specific facts from which the
conclusions would logically follow, was not
good against the general demurrer of the
defendants.

[4] 4. The second amendment, which
sought only to restrain, without making it
a party defendant to the tort action, a des-
ignated trust company from paying out
moneys alleged to be on deposit with it by
the labor organization in which the indi-
vidual defendants were members, being im-
material as respects the cause of action
sought to be asserted in the petition as first
amended, did not reopen the petition to a
fresh adjudication, and left the action af-
fected with the infirmities as determined
by the ruling on the general demurrer to
the petition as first amended. Code, § 81-
1312; Kelly v. Strouse & Bros., 116 Ga. 872,
879, 43 S.E. 280; Scarborough vy. Smith,
183 Ga. 386, 188 S.E. 526; Green vy. Spires,
189 Ga. 719,721, 7 S.E.2d 246,

Judgment affirmed.
All the Justices concur,

Ww
© E KEY NUMBER SYSTEM
tT

HUBBARD v. STATE, &
No. 14680.

Supreme Court of Georgia.
Noy. 10, 1943,

1. Rape €=51(1)

Verdict of guilty of rape without a
recommendation was sustained by the evi-
dence.

2. Criminal law €=300

The defense of insanity at the time of
an alleged crime may be made under a gen-
eral plea of not guilty.

3. Criminal law €=570(2)

The burden rests on the accused to
show by preponderance of the evidence, but
not beyond a reasonable doubt, that at the

time of the alleged crime he was mentally
Irresponsible.

4. Criminal law ¢=48

Where delusional insanity is not in-
volved, the sole test of “criminal responsi-
bility” is whether the accused had reason

sufficient to distinguish between right and
wrong in relation to the particular offense.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Criminal Responsibility”.

5. Criminal law ©=570(1)

In prosecution for rape, where defense
of insanity was relied on, verdict of criminal
tesponsibility was sustained by the evi-
dence.

_—o——-

Error from Superior Court, Bibb County ;
A. M. Anderson, Judge.

Willie Hubbard was convicted of rape,
and he brings error,

Judgment affirmed.

Willie Hubbard was found guilty without
a recommendation to mercy, of rape upon a
lady sixty-four years of age, who lived alone
on her farm. According to her testimony,
in the late morning on a Sunday, just after
she had finished milking her cows, a strange
negro man came in her gate, and asked her
if he could buy some butter.. When she di-
rected him to a colored neighbor, he begana
conversation about her saddle horses and
other things, and when she told him to goon
and see the neighbor, “he turned as if he was
going to the gate,” and then said he would
take “a short cut through the woods” to
where he was going, which took him in the
direction of her kitchen, where she was
going to put up her milk. Before she
reached the kitchen, “the milk bucket was
knocked out of my hand, and he was to my
back and had his hand on my throat, and
said, ‘Don’t you scream’.” After struggles
and the wrenching of her arm with unbear-
able pain which rendered her almost uncon-
scious, and in spite of the efforts of her dogs
to help her, he carried her into the kitchen,
threw her ce. the floor, and completed the
assault. He then robbed her of all her
money in the house, $10. Although she was
barely able to stand, she went to her gate in
about ten minutes, and saw a neighbor and
his wife down the highway waiting for a
bus. Other testimony showed that she re-
ported to them what had occurred, and thus
corroborated her testimony as to the attack
and as to her injuries, which they saw: her
arm being badly wrenched, with marks of
tecth in a “perfect semi-circle’ on her arm
where she had been bitten, and a wound on
her mouth where she had been struck. Ter
throat was very sore from the attack. Later
in the day after the capture of the defend-

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AVERSITY OF

116 Ga 28 SOUTH EASTERN REPORTER, 2d SERIES
i ing Fri-
t. she positively identified him, partly by usual talkativeness, on the ree pila
rs bon asity of his protruding teeth and day, and he was acting “pecultz
e

i i ” Id not eat but “a mouth-
i ion i whi jes. acting normal,” wou
ee ee ae ful se two” of the dinner that was offered

: idn’t say he was
Ithough he “didn’t say
ing. tne movements of Ts ; eee prs sae fae tale said “he didn’t want any-
where he lived, some miles distant from the thing” that he had eaten: “good before
victim, to its vicinity, and as to false state- 7 ee sed iat sea: Frida: and Sateir-
a » 4a :
ments that he made on the way there in Ae Teed tke: been worried about
telling his name and where he lived. ae somethings”
f : i t, four eg: as.
“i tified that this defendant, Re ar
pice tee ie arrest,.without any threat or An associate of the eecenge rae hal
ays € : : i‘ ‘ > 7 > g i
ae and after previously denying the and ona trip to town pak S ae
ates wad “T am going to tell you the other ero ee . en ee ree
ae ¥ eas he $i "i f allo and sé
> that and mules “in a full g Pp,

‘as the one that done that’; ; nee tee kncched
ee : sheriff and other officers all the de- had them in a giggle trot”; oe cn : Stow
tail of the crime, as was testified by the time the defendant — bogge pede aes
peng ‘bi a r taki i a swamp é é ;

i and by taking it through a
ictim, as to his robbing her of money, ) p es pone
aan? 7 pace after the crime. A that the defendant had driv aide ee
as is S é : : . me rite
le n , sheriff and a city police officer testi- as above testified by another wi eulen aang
pa * hike effect. The officer swore that the which “he was talking crazy. : ae ne
nt dant said “he was sorry of it, that he ness also said: ie had pe psn ‘he
defendant sez ss ; her" :
i " and he drank a little toge >
Z ne it and had done wrong tra : ee
ee oi had done wrong,” and “the reason defendant “did not have ne er
= did | hat Sunday was because he was’ was a good worker, and cou do as +
ee work as two men”; and that “you coulc
run the tractor with one ane off, Pero
in on the other wheels.

: g or the would put a strain .*
fendant did not deny the charge ; a A
ate + for the State, but merely said: The tractor had seek Tied a tin
orl Sunday morning I went down the Another witness, who a a

“ ; “er ie having spells. It started same place with the de endan Reels
ungee het Thursday.” That he had then years and had known him rand cotally
ei ne tractor from a field “back on the boy, testified, that — ti as = ed
ee hi i i t ith the stock for a while, a

: : him this would ruin cruel with the : A
rim,” and a man told ; .. ¥ cae Lee cs aiid aad kind oF 86
oer ‘pulled’ “big post” on again he was just a ash

: at he had “pulled” up a ‘ : os hide
ne js hers ie that day; that he went could be with them”; that at eye study
& town and bought “a half pint of moon- work he “would stop all pines ~~ —

lee whisky * * * mixed it with gov- and then he would go ks ea jigs toles
ene ian ank i ile”: ro or three day

i aed 1 , I drank it, ag while’; that two
; ‘nt liquor. That Sunday : h” and
aie to ‘is the spell off. During that the crime he Aa Bg oo cee
ms ike * y and looke K

i e he k like “would stop and study a

maple -as dizzy about the head, loo 5 _— -.
ian pha T went on to work a while. was worried about something Lae o
if sakes axain and the spell would strike would “have cote os so pend

: as< » ¢ . _ . ete < that “when h s _

ai “0 ahead and I would twice a week”; .
me again. I would go sess aegro" sia 6d

Bs -orki me. I got more gelf he was a ta at

stop. It kept working on ie We ane he ql the a
ci ; t. It the Saturday preceding

; and drank it, trying to stop 1 day preceding re:
aoa strike me, and I went and set down. fendant “had whisky in de rhatngesiee 2
; we t to wii Saturday. [I got more noon; he also had another it - wary

vhisky and drank it that Sunday. It kept white liquor, homemade are Po ;
‘ ine on me, running me crazier and and that the witness had drunk wi ?
WOLr ‘y é

There was testimony for the State, trac-

drinking.” :
In his statement to the jury, the de-

. * au, = a " > ant swore that
crazier. I stayed dizzy in the head. I have Che mother of the ree ted”’: that

azier. re in idk : i affected, the
been that way since I have been in jail, ne had “noticed his minc ae which she
‘ = = (Ted 7 rea Ww she
twice.” on some “Saturday morning,

did not more definitely fix, he had pulled up
a post himself where they lived, oe
i av e alone; that he hac
fend: 2 ven < ught not to have done a
f i i » defendant had driven a ° hae ‘ Neat rad
_ ore Oe heels with one wheel off “talked foolish and w ie ee sae
trae yt : a - acy
on Thursday preceding the crime; that = a was ea sgl Heys alt vec
wkd HOt say ahythi - one, but he had not eaten ‘
he would not say anything to any one, bu i ic ta tn had
eee to be ina “deep study” without his days before this trouble

\s to the defendant’s mental condition,
a witness who had employed him testified

HUBBARD y. STATE : Ga.
28 S.E.2d 115

spells on him; he said he didn’t know what

was wrong with him. * * * JI mean by way except as a normal negro”; and that
spells that he did not have good sense, if he had been crazy, “I would have noticed
they run him blank and run him crazy. He it.” The sheriff testificd that he had had
had had those spells before, and when he the defendant in jail six or seven times,
would start walking, he would keep walk- sometimes for about two months, and at
ing until something hit him, and every time such times would see the defendant “every
his mind got that way he would get in day”; that he had “never known himto
trouble. I don’t know who put the spells have any spells of any kind,” or to get in
on him, but the woman who put them on a “trance where he couldn't talk”; that the
him, they tell me, is dead. Her name was sheriff had “never seen any indication that
Miss Emma Nelson. She put those spells his mind was feeble or weak or bad in any
on him, they said. * * * He was smart way,” and “never saw anything wrong with
when he did not have those spells. * * * his mind”; that the defendant had been 6n
I saw him on Thursday and Friday before the chain gang several times, “broke into
he got in jail on Sunday. He came to the houses.” Another witness, who had worked
house. He had a spell on him at that time. the defendant on the chain gang, swore
He would just say a word or two and pass that he had never seen any indication of
on by me.” On cross-examination, she said feeblemindedness or insanity in any way in
“he had just one spell a year”; that “he the defendant, or a “spell of any kind,” or
would not talk when he had those spells, “a trance,” that the defendant “was one of
he looked like his mind was blank and the best tractor drivers Bleckley County
didn’t know what to talk about”; that “he ever had”; that when the defendant was
had been having those spells for about arrested in the afternoon after the crime,
seven years.” On redirect examination, he showed “no evidence of being in
she said that she knew “his mind was bad.” trance,” and “appreciated what was going
The father of the defendant testified as on around him,” and “was not nervous
to the defendant's pulling up a post at a When we told him to throw up his hands.”
corner by himself, which “it would ordi- In the testimony of the lady who was
narily take three men to pull up”; that he assaulted, in which she related his conversa-
had been having crazy spells and crazy tion before the assault, and what he after-
actions for about seven years; and every wards said to her, there was no indication
time he had one he would get in trouble, of any mental abnormality or any failure
but he was “quiet and peaceful” at other on his part to know what was done. She
times; that “he talked out of his head be- testified that there was no whisky on his
fore he got in jail Sunday”: that he “didn’t breath.
talk much when: he had one of those spells
—he would stand around like he was in a in the morning before the defendant
deep study, sometimes for eight or ten min- reached this lady’s home, swore that he
utes, with his head down,” and would not “did not see any signs of [the defendant]
do this when normal; that the witness did being in a trance,” and “did not see a thing”
not see the defendant with any whisky on wrong with him,” and “did not smell any
the Saturday before the trouble, and did whisky on his breath.” This witness said
not smell any on him that day, although he he had known the defendant five or six
had not been around the defendant much, years, and had seen him about the camp on
and the defendant did not stay .at the wit- the chain gang; that the witness had
ness home Saturday night; and that the “never known him to have a spell,” or “to
witness did not see him on Sunday. He be in a trance”; that “he seemed to know
further swore, though as he said “not a what was going on at all such times”; and
doctor,” that the defendant did not “know the witness had “never heard of him having
right trom wrong when he had those spells, any spells or anything being wrong with
He didn’t have that much mind to know him,” and he knew that the defendant's

i fre r ” . . .
right from wrong, “mind was not. bad; if it had been, I would
have heard of it.”

that he had “never known him to act any

Another witness, who saw the defendant

In rebuttal by the State, a deputy sheriff
testified, that he had known the defendant .
for seven or eight years, had seen him sev- J+ Millard Jackson, of Macon, for plain-
eral times in the chain gang and around the ff in error.

camp there, and had “never known him to
have a spell,”

M. H. Boyer, Sol. Gen., of Hawkins-
or “like he was in a trance”; ville, Chas. H. Garrett, Sol. Gen., of Macon,

IVERSITY OF

FREES HF

ahd ie

5.2 x7
eeeey

y vent. Cehedomed
Ped RY hace

118 Ga.

T. Grady Head, Atty. Gen. and L: C.
Groves, Asst. Atty. Gen., for defendant in

error.

Syllabus Opinion by the Court

JENKINS, Presiding Justice.

[1] 1. This case came to this court
only on the general grounds. The verdict
of guilty of rape, without a recommenda-
tion, was fully ‘supported by the cor-
roborated testimony of the victim, in which
she positively identified the defendant, and
by his confession, which under the uncon-
tradicted evidence was made without threat
or promise of reward.

[2,3] 2. Although the defense of in-
sanity at the time of an alleged crime may
be made under a general plea of not guilty
(Carr v. State, 96 Ga. 284, 286, 22 S.E. 570),
the burden rests on the accused, under the
presumption of sanity, “to. show by a pre-
ponderance of evidence, but not beyond a
reasonable doubt, that at such time he was
mentally irresponsible, under the tests
recognized in this state.” Rozier v. State,
185 Ga. 317, 319, 195 S.E. 172, 174, and cit.;
Danforth v. State, 75 Ga. 614(3), 623, 58
Am.Rep. 480; Griffin v. State, 195 Ga. 368,
375, 24 S.E.2d 399; Bowden v. State, 151
Ga. 336(3), 339, 106 S.E. 575; Hinson v.
State, 152 Ga. 243(2), 109 S.E. 661.

[4,5] 3. Where, as in this case, the
exception of “delusional insanity” is not
involved, the sole test of criminal re-
sponsibility is whether the accused had
“reason sufficient to distinguish between
right and wrong in relation” to the particu-
lar offense. Roberts v. State, 3 Ga. 310;
Rozier v. State, 185 Ga. 317, 195 S.E. 172,
and cit. There was testimony for the de-
fendant that at intervals he would have
“spells” and be in a “trance.” His father
was permitted to testify that at such times
he “did not know right from wrong” and
“would get in trouble,” but that at all other
times he was “quiet, peaceful, and nor-
mal.” While his father and mother testi-
fied that he had “talked out of his head” and
“wouldn’t eat” on Thursday and Friday be-
fore the crime on the following Sunday, and
on Saturday he had pulled up a post in the
country, where he lived, which ordinarily
would have required three men to do, the
testimony as to the post indicated merely
his physical strength, and did not show any-
thing mentally abnormal in the act itsclf.
The defendant’s testimony showed that he

28 SOUTH EASTERN REPORTER, 2d SERIES

was fully able to go about town and return
home on Saturday, without any mental ab-
normality at that time or subsequently,
For the State there was positive testimony
by witnesses, who knew and had often seen
the defendant, to the effect that he was en-
tirely normal. The State’s evidence as to
his language and conduct on the day of the
crime, before and after as well as at the
time of its commission, also indicated that
he was mentally normal. Accordingly, on
the issue of criminal responsibility under
the preceding rule, the verdict against the
defendant was authorized by the presump-
tion of sanity and the testimony.

Judgment affirmed.

All the Justices concur.

Anms

STROUP v. STATE.
No. 14684.

Supreme Court of Georgia.
Noy. 10, 1943. —

Criminal law 444

Permitting introduction of photograph
of premises where crime was alleged to
have occurred, though made after alleged
occurrence took place, was not erroneous
where evidence of witness on whom crime
was charged to have been committed
showed that photograph correctly por-
trayed premises.

Error from Superior Court, Fulton
County; Virlyn B. Moore, Judge.

W. B. Stroup was convicted of an of-
fense, and he brings error.

Affirmed.

The motion for new trial complained
only of the ruling referred to in the head-
note. The young girl, the alleged ob-
ject of the attack by the accused, testi-
fied to facts showing his guilt. A confes-
sion freely and voluntarily made by him
is shown by the record, with evidence of
corroborating circumstances. The excep-
tion was to the overruling of a motion for
new trial.

FAUGHNAN vy. ROSS ;
28 S.W.2d 119 hie 119
a R. Venable, Frank A. Bowers, See Words and Phrases, Permanent
and I’rank T. Grizzard, all of Atlanta, for Edition, for all other definitions of

plaintiff in error. ;

John A. Boykin, Sol. Gen., Quincy O.

Arnold, Durwood T. Pye, and J. R. Parham,
all of Atlanta, T. Grady Head, Atty. Gen.,
and L, C. Groves, Asst. Atty. Gen., for de-
fendant in error.

Syllabus Opinion by the Court,

GRICE, Justice.

i. It was no valid objection, to the in-
troduction of a photograph of certain
premises where a crime was alleged to
have taken place, that the photograph was
made on a date later than that on which
as alleged, the occurrence took place,
where it appeared from the evidence of a
witness on whom the crime was charged
to have been committed that the photo-
graph correctly portrayed the place re-
ferred to.

2. The evidence supported the verdict,
which had the approval of the trial judge.

Judgment affirmed.

All the Justices concur.

FAUGHNAN v. ROSS, Judge, et al.
No. (4655.

Supreme Court of Georgia.
Noy. 10, 1943.

Rehearing Denied Dee. 10, 1943,

!. Criminal law ¢=243
Habeas corpus >I, 38

Habeas corpus will lie by any person
restrained of his liberty or by some one in
his behalf which was known to the com-
mon law as the “habeas corpus ad sub-
Jiciendum”, and also by one claiming a
Tight of custody against another holding
Custody which includes “habeas corpus ad
Prosequendum,” which issues when neces-
Sary to remove a prisoner to another juris-
diction having the right to try him under
a previous indictment or imprison him
under a previous sentence. Code §§ 50-
101, 50-102(3), 50-121, ‘

“Tabeas Corpus ad Subjiciendum” and
is
Ilabeas Corpus ad Prosequendum”,

2. Haheas corpus =56

: Amendment of habeas corpus petition
in city court seeking release from cus-
tody under fugitive warrant for arrest and
detention of petitioner for 20 days so as to
Set up accusation against petitioner for a
misdemeanor pending in same court, though
amendment was made within 20-day period,
did not prevent proceeding attacking fugi-
tive pulige from becoming moot after
expiration of such warrant. -
304, 50-101, 50-102(3), ee

3. Habeas corpus €=4]

Where agent of another state institut-
ed habeas corpus proceeding in superior
court to obtain custody of alleged fugitive
under Governor’s final rendition warrant
while habeas corpus proceeding instituted
by fugitive in city court attacking validity
of fugitive warrant was pending, subse-
quent amendment of proceeding in city
court so as to attack for first time valid-
ity of final rendition warrant did not de-
Prive superior court judge of jurisdiction
siready acquired to determine validity of
rendition warrant. Code 4 -
304, 50-101, 50-102(3), seen

4. Habeas corpus C113(13)

Where superior court judge erroneous-
ly dismissed habeas corpus proceeding for
want of jurisdiction without passing on
any question respecting the merits, the Su-
preme Court in reversing judgment of dis-
missal would not determine such questions.

Code, § 50-101, 50-102(3).

Syllabus by the Court,

Where an accused brought a habeas
Corpus proceeding before a city court
judge, attacking the validity of a fugitive
warrant under which he was arrested, and
where, pending such a proceeding, a new
different, and independent habeas corpus
proceeding was brought before a superior
court judge for a different purpose by a
different party, claiming the right of cus-
tody of the accused under the Governor’s
final rendition warrant, the Original pro-
ceeding before the city court judge could
not thereafter be amended by adding an
attack upon the final rendition warrant so
as to deprive the superior court judge of
his jurisdiction already acquired,

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Went After Geor
Mass Murderer

Patrolman B. W. Harper, co-author:
He developed a theory of his own

the breathless man who ran
into George Tyson’s Tourist
Camp on Highway No. 17, five miles

f 1T all murdered!” shouted

west of Savannah, Georgia, and
grabbed the telephone. :
“County Police! Quick!” he cried

into the phone. “They’re all mur-
dered,” he said again, as though he
feared Tyson had not heard him.

“Hello, County Police? This is C. J.
Boney, Bay Street Extension; five or
six persons have been killed in my
place—send every man you can—
Boney’s Welding Shop .. . Yeah, West
Savannah!”

“Boney, what in the world has hap-
pened?” asked the bewildered Tyson,
after the excited caller had hung up
the receiver.

“Come with me... . It’s horrible!”
Boney cried, leaving the tourist camp
in a dog-trot toward his own establish-
ment a quarter-mile away. Tyson
grabbed his hat and followed.

This scene occurred at 8:35 a.m.
Wednesday, December 21, 1938. By the
time the two men ran to Boney’s place,
my partner, Patrolman J. J. O’Reilly,
who had been cruising the district
alone, pulled up in our cruise car in
answer to the radio dispatch.

By B.

“Back here ... back here!” Boney
called, leading the way between a large
barn-like welding shop and a filling-
station office to a small dwelling in the
rear of the welding shop. .

“Go in if you want to. I can’t stand
to see it again,” Boney said, pointing
to the door of the one-room dwelling.

O’Reilly and Tyson opened the door.
Then, like their informer, they were
horrified at the scene that confronted
them. There was blood everywhere—
on the floor, the walls, the ceiling and
on the window curtains. Hardly dis-
tinguishable because of the bloody
bedclothes, on the two beds in one
corner of the room there lay four
bodies! ‘

In one bed, O’Reilly hastily noticed,
were two adults—a man and a woman.
In the other bed were two children—
two little girls, both with long, blood-
matted hair.

It was too much for even a hard-
ened officer, and O’Reilly stumbled out
of the fetid-smelling house into the
fresh air.

W. Harper

Chatham County Police Department, as Told to

Pete Craig

“That’s not all. There’s another one
over in the filling station,’”’ Boney
warned him.

Tyson was content with a brief
glimpse of the carnage within the
small residence. The three men now
retraced their steps to the filling sta-
tion.. Here O’Reilly found a man’s
body lying just within the side door.
His head had been partly blown away
by a blast from a gun, probably a shot-
gun. Inside, the furniture and fixtures
were as sanguine as they had been in
the dwelling.

By now Chief W. F. Chapman of
Chatham County Police had arrived on
the scene, and a group of curious
neighbors were gathering. After a
quick check of the situation, Chief
Chapman summoned Sergeant T. J.
Mahoney of the County Police and
Chief of Detectives J. J. McCarthey and
Sergeant Ed Fitzgerald of the Savan-
nah department.

While awaiting their arrival, Chief
Chapman and. Officer O’Reilly ques-
tioned Boney.

This felt hat and old top
coat proved to be importan
clews in changing the course
of a murder investigation

“Who are these people?”

“In the little dwelling house,” Boney
replied, “there are J. S. Tillman, about
thirty-five, his wife, Elizabeth, and
their two daughters, Clara Pearl, about
nine years old, and Viola, about seven.
And the man over there in the filling
station is Tom Chester.”

i HAT kind of work do they do?”
the Chief inquired.

“Tillman’s a former sailor and a
machinist,” Boney explained. “He
used to run the filling station. He
gave the station up three days ago;
Chester was taking: it over. Chester
was sleeping in the filling station and
acting as watchman for my place while
the Tillman’s found another home.”

“How was it you were the first to
discover them?” Chief Chapman asked.

“I noticed nobody was around when
I came over to open up my shop about
eight-thirty. Generally the Tillmans
are early risers. So I looked in the
filling station. I saw Tom lying there—
dead. Then I ran back to rouse the
Tillmans, and when nobody answered
my knock I pushed the door open—it
was unlocked—and I saw them lying
there.”

“Have you opened the welding shop
yet?”

“No. As soon as I saw what had hap-
pened to all of them, I ran over to
Tyson’s to use the telephone to call
the police. Let’s have a look in there.”

The welding shop door had been
forced open, too. Inside were three
vending machines which had been re-

OFFICIAL DETECTIVE, August, 1939

moved from the filling station—their
cash boxes looted.

By now the other officers had ar-
rived; Chief Chapman took charge of
the investigation. Several hundred
people had gathered at the scene of the
mass murder. Police lines were es-
tablished to keep the mob of curious
visitors from trampling possible clews
and a thorough check of every square
inch of ground in the immediate
neighborhood was begun. Finger-
print and photograph experts from the
Savannah Police Department went to
work in the one-room dwelling.

Officers checked the position of the
four bodies carefully. The two beds
were in the south wing of the room,
barely two feet apart. In. the double
bed on the east side were the bodies
of Tillman and his wife. Tillman’s
right arm was about his wife, indi-
cating that he either had no warning
of impending death or had thrown his

The killer used this length of
rusty pipe to batter out the lives
of an unsuspecting family. The
white patch at one end pro-
tects a clew of clotted human hair

arm about his wife in a protective
movement. Tillman was on the side
nearest the children’s single bed.

Clara Pearl, the nine-year-old
daughter, lay near the wall, while her
six-year-old sister, Viola, was on the
outside of the bed, nearest the parents.

Each of the four victims had been
battered about the head. The eyes of
the little girls were wide and Clara
Pearl’s mouth gaped as though she had
attempted to scream. A toy doll-car-
riage stood on a box at the head of
the parents’ bed; newspapers, bed-
clothing and other articles were scat-
tered about the floor.

The position. of the bodies, with
nightclohtes and bedclothes still about
them, precluded the theory that a mad
rapist was to be blamed for the crime.
Window jambs, doorsills, the metal
portion of the beds—all were examined
for possible finger-prints, but the
search was fruitless.

This Georgia Policeman

Risked His

Life to Follow His Own Hot Lead in
the Hunt for a Killer Who Took Five
Lives in One Night but Left no Clews

So horrible was the scene that
grizzled police veterans of years of
service were forced to work in relays.

While the finger-print experts were
going over the interior of the house,
Chief Chapman found the window on
the south side had been forced open.

“Whoever the killer was, he entered
by this window, then closed it behind
him,” the Chief commented. The
ground beneath the window on the
outside, however, was hard-packed and
produced no trace of footprints. The
window was at the head of the two
beds.

The finger-print men now trans-
ferred their activity to the small one-
room filling station. Here Chester’s

Even hardened officers recoiled at
the scene of murder in the one-
room Tillman home. The bodies of
the two children are on the bed at
right, almost completely covered

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body lay just inside the open door—
at the base of an old display case that
had been used as a kitchen cabinet to
store pots and pans. The officers
made note of the fact that the killer had
employed a different method to dis-
pose of this victim. The Tillman family
had been bludgeoned to death; Ches-
ter had been shot. The charge of a
shotgun, as O’Reilly had seen before,
had blown the left side of the head
away.

Some of the scattered lead pellets
from the shell were found on the floor
of the filling station office, and a hole
in the screen door, slightly smaller
than a silver dollar, plainly showed that
the killer had stood just outside the

SA Ae earn iene es a —_—

door and fired through the screen. The
interior of the station bore evidence
that the killer had made a frenzied
search of the place before removing the
vending machines.

“There’s something peculiar in the
manner these people met death,” Chief
Chapman said. ‘Why, for example, did
the killer shoot Chester after beating
the Tillmans to death? I can under-
stand his not wanting to fire a gun be-
fore Chester was slain—he might wake
the man up. But what assurance did
the killer have that no one would hear
the blast when he finally did shoot? It’s
strange that you, Boney, didn’t hear
that shot—”

ONEY cut in before the Chief had

finished speaking.

“Tillman,” he said, “always kept a
double-barrel shotgun in his house. He
generally kept it standing in the corner
by his bed. I noticed a while ago that
the gun was missing—the killer must
have taken it. He probably didn’t even
have a gun when he attacked the Till-
mans but found the weapon as he left
the house. Perhaps he didn’t even
think about waking people up. I’m

Footprints found near this cabin in the Port Wentworth
district were the linking clew in two separate crimes

almost certain. that Tom Chester also
had a gun—a single-barrel shotgun. I
looked for it when we were in the
filling station, but it’s gone, too.”

“Was there any cause for ill feeling
between Chester and Tillman?” Chief
Chapman inquired.

“No. They were on friendly terms
so far as I know. As I told you before,
Chester was taking over the filling sta-
tion and Tillman was pulling out. But,”
Boney added, “Tillman:told me the
station wasn’t paying enough money
to fool with.”

“Let’s go into the welding shop and
have another look at those vending
machines,’ Chief Chapman said, indi-
cating that Boney andthe finger-print
experts were to accompany him.

“Listen here, Boney—we’ve got to
get to the bottom of this thing quick.
If there’s anything you know concern-
ing Tom Chester, or the Tillmans,
you’d do well to let us know right
now.” Chief Chapman had waited until
the men had withdrawn from the
crowd outside before he tackled Boney.

“So far as. I know, Chief,” said
Boney, “there was no ill feeling be-
tween Chester and Tillman. But Tom

Chester might have had enemies—you
know, only a couple of weeks ago he
got his throat slashed when someone
broke into his cabin up at the Goldberg
Cabins.”

“That’s right, I’d almost forgotten
that case. Some mysterious prowler
entered his cabin, stole some clothes,
and when Chester awoke and put up
a struggle, the prowler cut him about
the throat. A little deeper gash and
he’d have gotten the windpipe.”

HIEF Chapman rubbed his chin
thoughtfully.

“Yes, that’s right,” Boney agreed.
“And Tom never seemed to have much
of an opinion as to who did it.”

“How did you and the Tillmans get
along? Were you running Tillman off
the place?” The Chief’s questions came
as a surprise to Boney. ;

“No, sir. I told him to stay in the
little house until he found another job
and some place to live. Tillman has
just been up against hard luck. He
used to work for me as a machinist,
but the work here at the.shop fell off
and I had to let him go. That’s when
I turned over the filling station to him.

He ran it on a commission basis, but
there wasn’t enough business to make
either of us anything.” ,

“What are those stains on your
trousers?” the Chief asked. He had
noticed the spots while Boney was
talking.

“Grease spots, that’s all, or maybe
burned spots from welding sparks.”

“You wouldn’t mind if we made a
test?” the Chief asked.

“No, sir,” Boney replied, indignantly.
“But if you think I had anything to do
with such a terrible thing, you’re mis-
taken, Chief.”

Nevertheless, patches of the fabric
from Boney’s trousers were cut out for
chemical tests, and Boney was in-
, structed not to leave the county until
| permission was granted.
| By this time Deputy C. J. Purdy

| and other investigators from Sheriff
| Wilkes MacFeely’s office arrived and
joined the hunt for clews. Police of all

Detective Sergeant Ed Fitz-
gerald: He was one of the
first detectives on the scene

Who was the murderer who broke into this tiny
home and killed four before he left to kill again?

neighboring counties had been in-
formed of the crime and were asked to
be on the alert for suspicious charac-
ters; members of the Chatham County
Department were watching all cars
leaving the county.

“We must not leave an inch of
ground unturned until we develop
some definite clew,” Chief Chapman
told the assembled officers as he out-
lined a system to scour near-by fields
and gardens.

Hundreds of citizens who had gath-
ered at the scene were organized into
small groups in charge’ of an officer,
and deployed fanwise into the adjacent
countryside. The search soon brought
results.

“Here. What’s this?” shouted O. L.
Freeman, a member of the searching
party, as he held up a four-inch iron
pipe, about five feet in length. One
end of the pipe was bloody and a patch
of clotted human hair clung to the
wicked-looking instrument. “I’ll bet
a is what the Tillmans were killed
with.”

H* HAD found the pipe in the weeds
of a large field about 200 feet from
the rear of the Tillman house. His dis-
covery spurred others on the search
for further clews, but after several
hours the hunt was given up—the iron
pipe was the only discovery.

“That’s a piece of sewer-pipe. You
can find plenty of it discarded around
here—maybe several pieces in the
welding shop,” Boney said. “Seems to
me I remember seeing this same piece
lying around the house.”

Late that afternoon, after the bodies
had been removed to Savannah under-
taking establishments and after every
inch of ground in the immediate vic-
inity had been searched, Chief Chap-
man called Sergeant Mahoney aside.

“That fellow Boney seems to be
above-board and more than cooperative
in helping us, but we can’t afford to
take a chance. Have someone spot him,”
the Chief ordered. “If he makes a sus-
picious move, bring him in.”

Next day several baffling angles were
injected into the investigation. News-
paper reporters found Mrs. Alice Dur-
bin, a sister of Tillman, in Richmond,
Indiana.

“My brother wrote me recently that
a man with whom he had quarreled
had threatened to knife him,” she said.
' KE. C, Tipton. who lived near the

(Continued on Page 43)

his life. Fortunately, the place was
unoccupied except for him.

It was unoccupied because I had
condemned it.

There were a number of things
about the apartment that made it un-
safe, and I had condemned it about
eight months before the fire.

It was this fact that made me sus-
picious when the place burned.

Almost immediately after starting
an investigation, I learned some
things which made me quite sure that
the place had been deliberately fired.

Several persons who saw the blaze
within a few minutes after it started
said that it was burning from both
ends of the structure at the same time.
This, to a fire inspector, nearly always
spells arson.

I looked over the charred remains
of the building but there was so little
left of it that it was nearly impos-
sible to discover whether or not it had
been a set fire. If it had been, then it
was high-grade work.

Naturally, the suspicion fell on the

owner of the place. I looked him up,
and he was P. Norton, a well-known
Seattle businessman. I couldn’t see
anything suspicious about him.

He purchased the place with the
intention of moving it outside the city
limits where the fire restrictions were
less strict and he could use the build-
ing without making the improvements
upon which I had insisted.

I tried to figure what there was
about the set-up that kept me sus-
picious, but I failed. Finally I sent out
one of the investigators to bring in
the caretaker. I had a few questions
I wanted to ask him.

They located him and he came in
and made a statement, as follows:

“I don’t know what caused the fire.
I was awakened by the smoke and got
out in my underclothes. I lost every-
thing I had, including $37.50 in paper
and silver which was in my bed.

“J slipped off a log trying to get
ashore, and very nearly was drowned.
A fireman pulled me to shore. He gave
me his coat, and later took me to the

Georgia's Mass Murder (Continued from Page 34)

scene of the slaying, came to Police
Headquarters and reported a suspicious
incident on the murder night.

“A car drove up to the station about
eleven-thirty that night,” he said,
“and three men got out. They didn’t
seem to have any business there, but
just loitered around. I don’t remember
seeing Chester talking to them.”

Tipton, however, was unable to give
a good description of the men, but said
he believed the car was a black Ford
sedan.

Thursday afternoon a new break
came, which spurred the tired inves-
tigators working night and day. It oc-

curred as C. C. Jeffries and his son,
fweive-yaarvold Wilford, were return-
ing from a rabbit hunt in the woods
near Ober’s Fertilizer Works.

Just as Wilford started to leap a
ditch, he saw two shotguns at the bot-
tom. One was a double-barreled gun;
the other, a dilapidated single-barreled
firearm with its broken stock wrapped
with wire.

“Let's look around carefully. Might
find something else,’ the elder Jeffries
cautioned. Not 50 feet away, in a
clump of bushes, he found a battered
brown hat and a blood-splotched gray
overcoat. The young Jeffries stood
guard while his father walked half a
mile to the nearest telephone to sum-
mon police, who quickly identified the
double-barreled gun as Tillman’s; the
other weapon as Chester’s.

HE guns were examined for pos-
sible finger-prints before being re-
moved, but they had lain in the rain
and there were none. The left barrel of
the double twelve-gauge gun had been
discharged, the empty shell still in the
chamber. The hammer was missing
from the right barrel, and this side was
not loaded. The single-barreled gun,
also a twelve-gauge, had not been fired
but contained a loaded shell.

“Where could the slayer have been
headed?” asked Chief Chapman as he
examined these new clews. “There’s
nothing but that fertilizer plant over
in that direction.”

At first it was not known whether
or not the abandoned hat and coat had
been stolen from the Tillman house or
the filling station by the murderer or
murderers. But a check with Boney
indicated neither of the victims had
owned clothing similar to the two ar-
ticles. A minute examination of the
garments for cleaners’ marks was dis-
couraging. The hat bore the almost-
faded name of a national cheap brand
that might have been sold in any city
in the country. Both pieces of clothing
were the worse for wear and tear, but
that they figured in the murder was
attested by bloodstains. The killer
must have worn them at the scene!

Every avenue of investigation seemed
to be failing when I reported back for
duty on December 29, after being
forced to lay off several weeks because
of an infected right hand. I had been
following every development of the

OoD—6

case through the newspapers and
through conversations with fellow offi-
cers who came to my home frequently.
Patrolman O’Reilly, my cruise partner
who was first at the scene, came over
to see me almost every day to discuss
the case.

I was anxious to get back on duty
and work on the case, not only be-
cause the murders had been committed
in the territory assigned to “O’Reilly
and myself but also because I had
formed a theory in connection with it.

Let me explain right here, however,
that far better investigators than I had
worked their hearts out night and day
in attempting to solve the murders and
I hardly believed, or hoped, that a red-
haired Irishman’s theories would prove
equal to the experience of those vet-
eran officers. Still, I couldn’t help
wanting to put my idea into practise.

Before I explain my theory, I must
give you a note of background. Back
on December 16 a gang of burglars
had broken into the Dixie Grocery
store on Highway No. 17, about six
miles north of where the murders had
occurred on December 21. A strange
footprint was our only valuable clew
in that burglary, but with its aid we—
County Patrolman Talmadge Zipperer,
O’Reilly and myself—managed to
round up the gang, which consisted of
Johnnie Hadden, Henry Robinson,
Napoleon Bell and William Jordan.
Hadden and Bell had been the actual
burglars; Robinson and Jordan, acces-
sories. All four were Negroes.

Recently this gang had been respon-
sible for burglary after burglary in the
West Savannah section. I had talked
to them for hours in clearing up that
series of crimes and had come to
realize that they knew the movements
of almost every person in the zone in
which they had operated.

Because of the fact that the vending
machines had been broken into at the
Tillmans and the welding shop had
been ransacked, I believed the killer,
or killers, were, in reality, burglars. I
had developed the idea during my
sickness that if any burglars had
operated so closely to the zone of the
captured gang, the imprisoned men
would know about it. And more im-
portant, they might recognize the hat
found by the Jeffries.

Therefore, immediately after I had
reported back for duty on December
29, I went to the county jail to talk
with these four men. One of them,
Henry Robinson, an intelligent sort of
man, was more talkative than the
others. I had the jailers put us in a
cell alone.

“Henry,” I said, “you know every-
body from Sugar Hill to Black Broad-
way. You’ve heard about those kill-
ings over at Boney’s place. Tell me,
Henry, whose hat is this?”

I brought the bloodstained brown
hat from beneath my coat and held it
before Henry’s eyes.

Henry Robinson was ‘hypnotized, it
seemed, by that hat. His eyes grew

Wiltshire Hotel, where I have been
staying since that time.

“A few weeks ago there were some
tramps staying in the apartment. I
chased them out. It is possible that
they may have set fire to the place for
revenge.”

When he finished making his state-
ment, I brought out several mug pic-
tures of firebugs we had caught. I
asked him if he could recognize any
of the tramps among them.

He looked them all over, but was
unable to pick out any as the tramps.

“This one here is of a fellow we
called The West Coast Torch,” I told
him, showing him a picture of Palmer.
“He’s been in the penitentiary, but he
got out a short time ago. Do you
recognize him?”

The watchman looked it over care-
fully, and shook his head.

“You sure?” I prompted.

“T’ve never seen him before,” he an-
nounced.

“You’re a-confounded liar!” I shot at
him. “You are that man. You’ve dyed

your hair and mustache a_ reddish
color, but you can’t dye that blue spot
under your eye!”

He looked at me for a moment and
shrugged his shoulders.

“T didn’t think you would recognize
me,” he said. “I thought if I came in
here voluntarily it would throw you
off guard. Yes, I’m Palmer and I set
the fire. Norton hired me to do it.”

Once again we took The West Coast
Torch, alias Thomas Smith this time,
to court. Again he received a five-year
sentence.

Norton, the businessman, also Was
convicted. He appealed his case, how-
ever, and died before it was heard by
the high court.

The Torch is out of prison now—
that is, I presume he is, for I haven't
heard of him for a long time. He has
served his time and paid his debt to
Society. I believe he finally was con-
vinced that the blue scar under his eve
was too great a handicap for the
hazardous profession he chose io
follow.

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By Bill Rankin
and Don Plummer
STAFF WRITERS

With his head and his right

leg already shaved for a sched-
uled execution an hour away,
Nicholas

lawyers another day to try to
save his life.

Senior U.S. District Court |

Judge Horace Ward, at the end
of a 90-minute hearing in Atlan-
ta, gave the condemned killer'a
temporary stay. He said he will
rule this afternoon whether to
deny the last-minute appeal or
allow a hearing to consider ev-
idence. sel

Department of Corrections ,
Commissioner Allen Ault tenta- ~
tively rescheduled the execu- -
tion for 7 p.m. today, spokes- —
‘woman Vicki Gavalas told The

Associated Press. —

Ward’s order, issued about 6

p.m., sent clerks scurrying. to
call the warden of the Georgia
Diagnostic and Classification
Center in Jackson, where In-

gram sat on death row awaiting.

scheduled execution at 7.p.m.
A British reporter designat-

Lee. Ingram was. /
spared the electric chair Thurs- |}
day when a federal judge gave a

Nicholas Lee
Ingram’s at-
torney argued
~ that a pre-
scribed drug

~ morseful: °"".

ed to witness the exeolition said
he'was astounded by the stay.
“Tt, seems \to, me; that, it’s

‘more. cruel than.anything else

I’ve heard of to take a man to the
point of shaving his. head .and

,, then suddenly saying; ‘Oh, actu-

“ally. we’re not going to execute

you for 24 hours,’”” said Peter

-Hitthens, of London’s Daily Ex-
@PLeSSe (45 3-31 it ee
The. British-born . Ingram,

convicted..of killing a Cobb

_ County man. and wounding his
wife in 1983, refused.a last meal

and was described as.sullen and

‘angry during the day by prison
_ Officials... |

EES 8a

- His attorney, Clive Stafford

Smith, argued to, Ward that In-

gram should be granted a new

. trial because he was under the
_ psychotropic drug. Thorazine

during his 1984 trial. Thorazine

acts as.a sedative with side ef-

made him ap- ©

~ dinary hearin
~ hurriedly,.: ré

fects that can include drowsi-
ness and dizziness. -

Stafford Smith said the drug
made Ingram appear emotion-
less and lacking remorse,during. .

the trial — a point the prosecu-
tion hammered to the jury.

‘During Thursday’s extraor-
ig, lawyers argued
speatedly looking
up to the:¢lock. At 5:25 p.m.,
when Ward called a five-minute
recess to go to the restroom,
Stafford Smith implored him to
go on. TREE foe tg
“J understand the nature of
the situation,” said Ward, who
was hearing an appeal of a peti-
tion rejected only hours before
by the Georgia Supreme Court.

“Pm not. in a rush to do

anything.”

According to Stafford Smith,
Ingram, attempted suicide be-
fore his trial and Thorazine was
prescribed to calm him.

Assistant Attorney General
Paula Smith argued against the.
last-minute appeal, claiming
Stafford Smith should. have
known Ingram was medicated.

Stafford Smith said that he
had tried unsuccessfully in 1987,
to obtain Ingram’s medical rec-.
ords. Fok ie

THE DAILY TELEGRAPH (LOW BOW, EG AWD) * * * WEDNESDAY. MARCH 22, 1995 17

When “¥,
Nicky was
19heshot ;
and killedag
neighbour
...now he's §
awaiting |
execution

Time is running out for Nicky Ingram, a young
Briton convicted of murder in the United States.
Charles Laurence in Georgia hears his story - and

if $e, : aoe 8 : ; mec 7.

e the going got tough: Ingram as a happy-go-lucky schoolboy ...

describes last-minute attempts to save him _.and in the army. aged 18. He was discharged after taking to drink

@ver)

Befor'

Parole

chairman |

pays visit

to killer |

Execution set
for this evening

By Don Plummer
STAFF WRITER

In an unprecedented move,

the chairman of the state Board
of Pardons and Paroles visited
death row Wednesday to inter-
view Nicholas Lee Ingram, the
British-born killer scheduled to
die this evening in Georgia’s
electric chair.
. Board Chairman Wayne Gar-
ner spent 20 minutes alone with
Ingram, but he would not say
what they discussed.

Parole board spokesman
Mike Light said Garner told him,
“We don’t parole life sentence in-
mates without at least ohe mem-
ber of the board interviewing
them. How can I make a decision
to execute a man without at least
looking him in the eye?”

Light said Garner made the
decision to drive to the Georgia
Diagnostic and Classification
Center at Jackson spontaneously
after presiding at a closed-door
clemency hearing Wednesday. It
Was the first time a state parole
board member has interviewed a
condemned man before making a
clemency decision, =

- While it was Garner’s third»

death penalty clemency hearing,
it was the first sinee he became
beard ehairman. ;

Wayne Garner than any par'ticu-
_lar issue in this case,” Light said.

-board’s decision today.

' prieve by the board ora court-or- —
dered stay of execution, Ingram,

| 31, will die at 7 p.m. for the 1983
‘murder of J.C. Sawyer at hhis

|
|
'

|
|
|
|
4
\
\
|
|
|
|
|
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|
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!
i

}
'
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!
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|
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{

' “It’s more the nature of

Garner will announce the ©

Barring a last-minute re-

Marietta home and the wounding
of Sawyer’s wile.

Th recent weeks, Ingram’s
mother, Ann, has made imterna-
tional pleas on her son’s behalf.
that have attracted massive me-
dia Tey academe,
ain. attended a Wednesday
morning appeal hearing in Jack-
son, near the death rew prison,
briefly visited her som and then
attended the one-hour clemency
hearing at the parole board office
in Atlanta. ‘ Chae tee. |

' Ingram’s lawyer, Clive
ford Smith, said Mis. Ingram
was too upset to testify during
the mercy hearing and left the
board room in tears.

“All she’s got left are a few
tears, and she wants to spend her
last hours with her son,” Stafford
pay t forth their
mf AWYOXS
be spared, Light said, three fam-
ily mene testified that In-
gram enjoyed a happy childhood.
picture frames and @rewings In-
gram has made for them while —
behind bars.

HERE is still a

sliver of a chance,

but Nicky Ingram

doesn't really

believe it. Born a
world away — below the
dreaming spires of Cambridge
— he expects to die on April 6
in Georgia's electric chair. He
has spent 12 of his 31 years on
Death Row in Jackson, south
of Atlanta, and the long ritual
of formal appeals has run its
course. Next month, he will
become the first Briton to die
by execution in America since
the death penalty was
restored in 1976.

His tone is one of weary res-
ignation. “I do believe that
the sentence is going to be
carried out,” he says. ‘I've
believed that since the day the
jury said it.”

The final appeal to the US
Supreme Court has been
refused, and the execution
date was set this week.
logram will now be trans-
ferred to a-cell next to the
death chamber; finally, he will
be strapped by the wrists,
ankles and waist to the elec-
tric chair, and a metal clamp
will be placed around his
head.

Even in America, where the
vote in favour of capital pun-
ishment grows to the level of
clamour, there are doubts
over “frying” the prisoner in
the chair. Lawyers mount
appeals on the basis that the
Constitution formally bans
“cruel and unusual punish-
ment” and that the chair is
nothing if not that.

New York, for example, has
opted to retire Old Sparky, the
world’s first electric chair, in
favour of lethal injection,
because legislators felt that
that would streamline the
appeal process.

Medical opinion equates

the chair with burning at the
stake; it takes as long as 30
minutes for the vital organs to
fail and for the condemned
man to die. There is a smell,
witnesses testify, of ‘frying
bacon” as flesh boils at the
onslaught of the current.
There is a theory, but it is only
a theory, that the prisoner
loses consciousness at the
first shock of 2,400 volts.

“You end up dead," says
Ingram, “however they kill
you.”

But his mother, Mrs Anne
Evelyn Ingram, simply weeps
at the thought of what “they”
are planning to do to her son.
“It’s despicable,” she says. ‘'I
think the whole system over
here stinks.”

We are sitting in a car on the
verge of a country road out-
side the gates of the prison
called, euphemistically, the
Georgia Diagnostic Centre.
Death Row is at the end of a
long drive, beyond a pine-dot-
ted lawn, where metal ventila-
tors glint on the low rooftop,
on the far side of a razor-wire
fence. She turns her head
away.

Nicky Ingram is a convicted
murderer. On June 3, 1983,
when he was 19, he broke into
a house only a block or two
from the family home in Cobb
County, Georgia, intent on
burglary. He was with a
friend, Kevin Plummer, who,
according to the prosecution
case, dropped him off at the
house after a long day’s drink-
ing and drug-taking during
which they had already bro-
ken into two homes.

The elderly couple in the
house surprised Ingram, and
he shot them. The man died:
the woman survived. She
identified Ingram, on the
fourth attempt.

Did she get the right boy? “1

still don’t believe Nicky did
this,” says Mrs Ingram. “I
know every mother in this
position would feel the same,
but it is genuine. I'm all torn
up; I still have hope, I'll grasp
at any straw.”’

Every appeal has been
refused, judge after judge rul-
ing that Ingram was properly
convicted, with no new evi-
dence to challenge the ver-
dict, and properly sentenced.

But there seems to be no
such thing as a clear-cut
Death Row case. ‘In capital
punishment, as perhaps
nowhere else in life, the vaga-
ries of human judgment run
up against the finality of our
acts,” wrote James Traub in
the New Yorker magazine as
New York this month rein-
stated the death penalty.

Before executing a prisoner,
every last shred of ‘‘reason-
able doubt" should, in theory,
be removed. It rarely is.

In most of the West, Traub
continued, this ‘problem in
moral philosophy” has been
resolved by abolition. But in
the United States, capital pun-
ishment remains the
nation’s ‘‘peculiar
institution’.

The condemned
man’s lawyer, British-
born Clive Stafford
Smith, argues that
Ingram is a Briton
falling victim to the
*‘peculiar institu-
tion’’. There has
always been far too
much reasonable
doubt ig this case, he
says, to have war-
ranted a conviction,
let alone the punish-
ment, in a British
court. And he believes
the British Govern-
ment and the Foreign
Office slip into a

Fighting for a life:

double standard illustrated by
Ingraim's likely fate: if a
Briton were to face savage
punishment in a Third World
nation, they would at least
attempt an intervention. But
not if the execution is to take
place in America.

“This is a conviction,” he
says, ‘that could not possibly
be valid in Europe.’ He
argues on grounds of reason-
able doubt on the evidence,
and on legal procedure:

0 The assailant described by
the surviving victim had long
hair and a hairy chest; Ingram
had neither.

O No Ingram fingerprints
were found in the ‘‘ran-
sacked” house, and while he
was wearing the same clothes
when he was arrested as he
had worn all day, there were
no blood stains or marks of
violence.

O Procedurally, Stafford
Smith argues that the jury
was monger informed that
the death sentence was

unlikely to be carried out but
would rather insure against

an early parole from a life sen-
tence. No juror, inquiries
revealed, meant him to die.

Gi Ingram’s intoxication and
alcoholism, with a medically
recorded history of black-outs
— alcoholic automatism —
should have voided the
“intent” required in a capital
murder case.

TAFFORD SMITH, an
opponent of the death
penalty operating from
the Louisiana Crisis Assis-
tance Centre in New Orleans,
wee a second attempt to be
eard by the US Supreme
Court, and to lodge a new
appeal against conviction in
the state courts. He hopes to
interview Plummer, who
turned states evidence and
escaped all prosecution, and
claims to have new evidence,
suppressed by. the prosecu-
tion at the trial, of Ingram’s
alcoholic state. Then there is
the plea for clemency. “From
Britain and from here,"’ he
says, “we should flood the
Georgia parole board.”
Ingrain says simply, as he

Anne Ingram outside the Jackson courthouse

Picture: JUSTIN SUTCLIFFE

has always done, that because
of his black-out, he does not
know whether or not he
killed. There is litthe doubt
that he is telling the truth. But
he knows he was up to no
good on that afternoon.
Already he had dropped out of
school, spent a few months in
the army and been discharged
afier he started drinking
heavily. By the time he was
19, he was in a mess.

‘How did I get into it? Alco-
hol,” he says. “I am very
sorry it happened. But if they
say that that is a reflection of
who I am, as a personality,
they are just wrong. I’m not
the crazy, drunken kid I was
12 years ago.”

Relatives insist that Ingram
was a normal, happy-go-lucky
boy until he was in his teens.
What happened then has left
his family steeped in guilt.

Mrs Ingram, 50, was the
cheerful daughter of a work-
ing-class Cambridge fainily
growing up in the “ never-
had-it-so-good” times of post-
war Britain when she met
Johnny Ingram in 1960. He
was a US Air Force
serviceman, posted to
the Lakenheath air-
base. They were mar-
ried after a whirlwind
romance, and Mrs
Ingram was just 17
when she produced
their first child, Ricky,
and 19 when Nicky
was born.

In 1965, Ingram
quit the air force and
returned to his small-
town home in Geor-
gia. His family fol-
lowed: two more
children were born,
Johany, now 27, and
DeDe, 26, although
Mrs Ingram has never
taken American Cili-

* decide

zenship. The first two boys
retain dual-nationality.

In 1973, the couple div-
orced. Johnny Ingram took a
second wife. who brought four
children of her own. Mrs
Ingram won custody of her
children, but, confessing to a
feeling of being overpowered
by the economic struggle of
bringing them up on her own,
returned them to her hus-
band. The small-town atimo-
sphere swirls around the
story: the families knew each
other, knew the victims of the
murder, and had known Kitty
Plummer, Kevin's mother,
since childhood. His testi-
mony sparked a feud which
remains unsetiled even after
Mrs Plummer's receat death.

The crucial moment came,
Mrs Ingram admits, when she
to return to England
and a second husband in Cam-
bridge in 1980. Nicky was dev-
astated. As she waited in
Atlanta for her plane, she
spoke to a friend on the tele-
phone and was told that he

ad run away from home. and
was coming to Atlanta to find
her. She decided to board the
plane.

“Of course I've felt terrible
ever since he was arrested.”
she says.**For all these years.
it's been ‘what if ...?’ what if
.. 2? what if. ..?"

To deepen the guilt,
Ingraim’s new, expanded fam-
ily was holding a picnic on the
day of the murder. By that
time, Nicky had become such
a problem with his drinking
and depression, that they had
told him he was not wanted at
the gathering.

Now, the Ingrams are
reunited. Mrs Ingram's
second husband died last year
of cancer and she returned to
be with her first family now
complete with IG) grandchil-

lake where she had taken hi

dren. Remarkably. the couple
have even remarried. “We
wanted to go through this
together," she says. |

The day of the family picaic
was Nicky lngram’s last day
of freedom. He still thinks of
all that he has missed. “I wa
19, 1 am now 31. I have missed
everything that 1 would have
liked to experience ... I have
missed being married, having
a family, being a father. being
around when | could have
helped one of my family wh
waS messing up. | miss most
everything in the world tha
people take for granted.”

But more than his family.
and more than his lawyer, h
seeins resigned to his fate
“Life on Death Row,” he say
“is not life.” For a few years
he had become close t
another Death Row inmate

went to the chair on June 29
1993. ‘You have to live wit
death all the time,’’ he goe
on. “When you see friend
die, you either become afraid
or you accept that death is
change. I have come 1
believe that a spiritual part o
me will continue after death.’

Mrs Ingram has heard
correctly — that the bodies o!
those who die on the chair ar
cremated immediately, an
cannot be returned for a fam
ily burial. “I heard that th
burns are so bad, they’
rather nobody got to see 'em."
She shuts her eyes tight.

Just last weekend, visiting
she raised the subject of, wel

. what if? Ingram had hi
answer ready: he wanted he
to scatter his ashes on th

fishing, when he was just «
little boy.

“We always loved fishing,’
she says. “Just the two of us.’

ris’ shoulder. “Say, who is this man
Grace?”

“It seems that he bought the Per-
dues’ former place over on the Co-
lumbus Highway,” answered the Chief
Deputy. “That was the last farm they
sold before moving out here.”

“Won’t do any harm to check on
him,” stated Robinson. “At least he
should be able to fit another piece into
the victims’ background.”

: Harris agreed and a couple of men
were picked to go to the Grace farm
the next day. “Now, were any persons
seen around here over the week-end?”
Harris asked. ;

“T’ve got something on that and it’s
pretty hot,” said Calhoun. “One neigh-
bor told me that his little girl passed
here early Sunday morning and saw
a man get out of a car and walk up
to the house. She came back about
thirty minutes later and the car was
gone.”

“Did she know the man?”

ares
Goad

Investigators found Incriminating
evidence In the attic of this home

“No, but she described him pretty
well, A short, stocky man, wearing
dark pants, a leather jacket, and a felt
hat pulled low over his eyes.”

“And the car?” :

“A gray, two-door sedan built along
the lines of a late model Chevrolet.
a ae that it still had a ’41 tag
on it.’ : :

tt¢ OOD!” said Harris. “We want to
know who that man was and why
he came here. Anything else?”

“Yes—this may mean something, or
it may not. Another neighbor said he
stopped to talk with Perdue out in the
yard last Thursday while two men
were making some repairs on the roof.
The neighbor overheard Perdue tell
these men to come back Saturday eve-
ning for their money. He didn’t know
what roofing company they repre-
sented but judged that both were ex-
perienced workmen. He can describe
them only as tall, slender, young men.
That, of course, does not fit the man
who was seen here Sunday morning.”

“Check with every roofing company
in town until you locate those two
men,” directed the Chief Deputy.

It also had been learned that the
Perdues had been members for many
years of the Baptist Tabernacle. Har-
ris himself was acquainted with the
Reverend A. C. Baker, pastor of the
church. He decided to contact the
minister right away, in spite of the late
hour, in hopes of obtaining more in-
formation about the victims’ habits,

social and business acquaintances and
nearest survivors. It also was possible
that Perdue might have mentioned the
expected visit of some person that
would explain the mystery of the pre-
pared guest-room—if such it was.

But the Reverend Baker, shocked at
the outrageous crime and eager ‘to as-
sist the officers in any way possible,
could add little to the investigation.

“I was their close friend as well as
spiritual adviser,” he said, “but can
tell you little about his business affairs,
They were both extremely popular in
our social gatherings and I can’t imag-
ine a single enemy they could have
had. No, they didn’t mention to me
the expected visit of any friend or
relative.”

The deceased couple had lived in the
vicinity of Macon for 22 years. They
formerly had farmed on the Columbus
Highway some eight miles distant, but
had sold that property and moved to
their latest site several months pre-

vious. No survivors of the victims lived
near by. Mr. Perdue’s nearest relatives
were living in a distant county, and
those of his wife were living in Ala-
bama, from which State the Perdues
originally had come.

Harris, however, immediately dis-
patched wires to a group of these sur-
vivors, expressing his deep sympa-
thy and assuring them that nothing
would be left undone in apprehending
the perpetrator, and asking for any
assistance that could be rendered. Next
he prepared a brief statement for the
morning press in hopes that some lead
might be obtained through that me-
dium.

With the many unanswerable ques-
tions of the bewildering case pounding
through his mind, the Chief Deputy
then turned in for a couple of hours’
sleep. :

Had robbery been the motive? If so,
why had the $37 not been taken?
Who was the mysterious stranger in
the leather jacket who had called at
the house Sunday morning? Had the
two roofing men returned for their
money Saturday evening? What was
the truth about the prepared spare
bedroom? Could they find the murder
gun? Had any clews been overlooked?

Replies the following morning from
the wires sent to relatives failed to
supply any of the answers. None had
visited the slain couple in recent
weeks, nor had any such trip been
anticipated. No business enemies were
known, no suspects in any direction,
so far as the survivors were aware.

The Identification Bureau reported
no ballistics file on the death bullets.
The slugs were perfect specimens,
however, and would serve to identify
the murder gun if it ever were found.

The lead pertaining to the two roof-

men speedily was checked out.
The men were located, proved beyond
any doubt that they had called and
received their money before dark on
Saturday afternoon, and were else-

where at the time of the murders
In fact, the neighbor had seen thc
Perdues in their yard after the me:
had left the house on that day.

The location and name of the presen:
owner of the property sold by Perduc
in the northern part of the County wa:
obtained from the courthouse records
A deputy left at once for a check or
this man reputed to have owed the
slain man several thousand dollars.

The description of the eagerly sought
man in the leather jacket and his car
had been on the police radio all night.
Scores of motorists had been stopped
and questioned, but all proved to be
the wrong persons.

In mid-morning, however, Gibson
and Robinson struck a promising trail.
They stopped at a small store and gas-
station near the intersection of the
Marshall Mill Road and the side road
on which the slain couple had lived
and inquired about the man in the
leather jacket. This station had been
closed the night before when the lead
had been obtained.

“T’m not sure, but I think I saw the
man you're talking about,” the pro-
prietor told them. “He stopped here
Sunday morning for some gas and a
pack of cigarettes, but I didn’t know
him. He headed back for town in a
hurry.”

Gibson asked quickly, . “What kind
of cigarettes did he buy?”

“Chesterfields. I remember opening
a new carton of them.”

Robinson shot a significant glance
at his partner, turned back to their
informant.

“You can’t remember anything un-
usual about the man, or his car? Just
anything that might help us _ locate
him?”

“Well . . . no,” was the slow reply,
“cept he had a box of tools on the
back seat of the car.”

“What kind of tools? Mechanic’s?
Carpenter’s? Plumber’s?”

(Continued on Page 44)

Officials hunted in vain for two guns which

were thrown In the creek at this point

Macon, Georgia, Police Knew That the Slain Couple Had siraid you boys wil have o sat fom
; scratch.” .
Been Expecting a House Guest—But Not One Who Came bullets “How about checking the lands

and grooves on these slugs for the

re) i e n aT O e an in (3) eatner Jacke have a ballistics record of igi in the
To Kill. And What of the Man in the Leather Jacket? taut Sf agen

file of guns we've registered since the
war began.”

“Right. I’ll give you a check as
soon as possible.”

Though new and otherwise modern,
the house was not wired for electricity.
Portable floodlights were hurriedly
sent for and soon the interior was bril-
liantly illuminated.

ARRIS called for Gibson, Stokes

and Calhoun. “You men see if those
folks outside can give us anything. We
want to know when the Perdues were
last seen alive, if any disturbance was
heard around here last Saturday night,
also any background information you
can get on the victims. The rest of us
will see if we can get a line on our
killer by reconstructing what hap-
pened here.”

Inside the bedroom Robinson pointed
to a bullet-hole in a window near the
head of the bed. “That accounts for
one shot. If Mrs. Perdue was sitting
on the side of the bed it could have
been’ the one that passed through her
neck.”

“Here’s another!” called out Wal-
dron.

He was standing just outside the door-
way beside a partition that separated
the hall from the dining-room. A
jagged hole was in the partition. The
officers went into the dining-room,
lined up the hole, and found a slug
embedded in a sack of sugar in a far
corner of the room.

Harris recounted, “There were three
bullets in Mr. Perdue and one in Mrs.
Perdue. With this one, that makes five.
Assuming the hole in the bedroom-
window was made by the same one
that passed through her neck accounts
for a gunful.”

Officers standing in front of the
victims’ home where they found
a valuable clew. Left to right:
Deputies W. G. Waldron, O. R.
Stokes, J. C. Calhoun, J. T. Gib-
son, Chief Criminal Deputy O. L.
Harris and Deputy W. L. Robinson

Deputy J. T. Gibson, left, points to a
bullet-hole in the bedroom window which
alded officers In reconstructing the crime

On this bloodstained spot on the
kitchen floor, J. N. Perdue died after
the killer’s surprise attack on him :

Chief Criminal Deputy O. L. Harris, stand-
ing, and Deputy J. C. Calhoun, seated, look
on as the killer signs his confession

“Six shots fired and no ejected shells
ying around,” said Robinson. “Then
t was probably a cylinder-gun and not
n automatic.”

Waldron took up a position in the
edroom just inside the doorway and
vear the foot of the bed. He was in
ine with both the hole in the window
nd the one in the partition.
“Apparently the killer stood here,
hooting Perdue first in the hip, then
Ars. Perdue in the chest as she lay on
he bed. Perdue ran down the hallway
nd the killer shot at him again, but
nissed, the bullet going through the
vartition. He ran Perdue down, found
1im on the kitchen floor, shot him
wice more, then returned to the bed-
oom where Mrs. Perdue was sitting
ip clutching her hands to her throat
ind screaming. His last shot went
hrough her neck and out the window
ind Mrs. Perdue toppled to the floor.”

“But,” asked Harris, “what about
.er broken arm and the bruises and
ier torn nightgown? She wasn’t as-
aulted.”

Waldron hesitated. “My idea there,”
1e said after a minute, “is that she was
ortured in an effort to make her re-
real whatever it was the killer was
arching for. That could have taken
lace before she was shot the last time.
t’s only a guess of course.”

“As good as any for the present,”
igreed Harris. “At any rate this was
leliberate, make-sure murder. And
‘he killer was reckless. He was reck-
ess with his firing and by the fact that
1e emptied his gun.”

On the mantel above the fireplace in
he bedroom was an empty Chesterfield
‘igarette package. There were no butts
wv ash-trays in sight to suggest that
sither of the victims had been smokers.
lad the cigarette package been inad-
vertently left behind by the killer?
darris pocketed the find.

A search of the ransacked dresser
vielded nothing of value to the inves-
igation. Beneath heaped-up clothing
n the bottom of the chifforobe, how-
»ver, was found a money-sack con-
aining $37. This plunged the motive
nto deeper mystery.

After torturing

Mrs. Perdue, the killer

shot her to death as she lay on this mattress

This was the only one of three wanted guns that police located

“Perhaps it wasn’t robbery after all,”
declared Robinson. “The killer could
have been looking for something else,
or he might have just overlooked this
money in his haste.”

They walked into another bedroom
at the front of the house. In this room
the bed was made up neatly, the covers
turned back, as though prepared for a
person about to retire. But obviously
the bed had not been slept in. And
there was no disorder in this room.

wey as might have been Perdue’s
room,” suggested Waldron. “Per-
haps he was in the act of retiring when
he heard the killer in the back bedroom
and ran back there to protect his wife.”

“J don’t think so,” replied Robinson.
“At least he didn’t take his shoes off
in this room. They are in the back
bedroom.” The Deputy quickly opened
and closed a closet door, did the same
with a dresser drawer. “None of Per-
due’s clothes or effects are in this
room. They are all in the jback room.
There is nothing in here.”

“Except a made-up bed that hasn’t
been slept in,” Harris commented,
searching his mind for the true signifi-
cance of that fact. “Evidently this was
a spare room—a guest-room.”

“Then a guest could have been the
killer,” replied Waldron. “Someone
whom the Perdues knew well enough
to put up for the night. A Judas friend
who turned murderer on his host and
hostess.”

“That sounds more _ plausible,”
agreed the veteran Chief Deputy, “but

it’s nothing more than a good theory.
Possibly this room was made up for a
friend or relative who never showed
up. That would explain the bed not
having been slept in.”

A further search of the house pro-
vided no answers to the puzzling ques-
tions of motive, the identity of the
killer, or the direction in which he had
fled. Gibson, Stokes and Calhoun re-
turned with the information they had
gained from the neighborhood canvass.
They presented it in orderly sequence.

“The nearest neighbor, Mrs. J. D.
McGee, said she heard noises over here
about 3:30 a.m. last Sunday morning,”
Stokes told them, reading from his
notebook. “It sounded like shouting,
and then a heavy car driving off. She
went back to sleep after a minute and
wasn’t sure about hearing the shots.
Neither could she distinguish the
voices nor tell what was said.”

Harris said, “That seems to confirm
the approximate time of death set by
the doctor. When were the Perdues
last seen alive?”

“Just before dark’ on Saturday after-
noon, They were working in the yard
at that time.”

Gibson said, “It seems that Perdue
in later years was something of a farm
promoter. He would buy a farm, de-
velop it, then sell it at a profit. The
belief is widespread that he kept con-
siderable cash on hand for his numer-
ous transactions.”

“That suggests a local killer who
knew about the cash,” replied Robin-
son, “But there are only a few neigh-

bors near here and all of them are

absolutely beyond reproach. Besides, .

we found $37 that wasn’t taken.”
“There’s another angle to this,”
added Gibson, tapping his notebook.

“What about business enmity? Some

person who was dissatisfied with a deal
he had made with Perdue? For in-
stance, one person told me that Perdue
recently had mentioned having diffi-
culty collecting.from a man to whom
he had sold a farm. It seems that sev-
eral thousand dollars weré in arrears.
My informant didn’t know the man’s
name but the farm is located some-
where up in the northern part of the
County.”

“That’s definitely a lead,” Harris
said quickly. “Get the location of that
property from the courthouse records
first thing in ithe morning and check
on the owner.”

OF of the deputies who had been
searching through a buffet in the
dining-room came across a small packet
of papers. He turned this over to Har-
ris, who thumbed ‘through it. The
packet contained tax receipts, paid
bills, and other miscellaneous papers
that might have been possessed by any
retired, well-to-do man.

Harris’ interest perked up, however,
when he separated the papers and
found five notes of indebtedness in the
amount of $600 each. They were made
out to the slain Perdue, and bore the
signature, “M. J. Grace,” as payee.

“A three-thousand-dollar indebted-
ness,” said Gibson, reading over Har-

“Al Brami

“He lives | town?”

She nodde_ _-_ gave him the ad-
dress. “He was a good friend of
John’s.” :

“Did he have any theories as to -who
might have killed your husband?”

“Well, he thought it might have
been some of the people John bought
liquor from—only he didn’t know who
they were. Al says he hauled it from
out of the State.” Wearily, she covered
her face with her hands. The Sheriff
said gently: -

“T’m sorry, Mrs. Evans. This is tough
on you, I know. I won’t bother you
any longer.” :

The Sheriff’s next visit was to Al
Bramis. Bramis was an elderly man,
a big, jolly-faced man. His pleasant
smile faded when the Sheriff stated
his errand.

“Yeah—John Evans,” he said grimly.
“T’d like to get my hands on the guys
that bumped him off. I know he got
mixed up in things he’d have been bet-
ter out of—but he tended to his own
business. And he had his wife to look
out for. She’s a mighty nice woman
and she deserves a better break than
she’s getting.”

AN INTUITION bred of long experi-
ence told McQuillin that Bramis
was a man to whom he could tell the
facts and obtain full cooperation. The
big man listened silently until McQuil-
lin had finished. Then he said slowly,
“T’d heard most of that, one way or an-
other. At first I thought his being
killed might have been connected in
some way with that car deal, too.
That’s why I went over to see Mrs.
Evans. It occurred to me that if Jones
had taken a mortgage on that car he
must have known what it was being
used for. Some liquor-runners have
the idea that if they have a mortgage

discouraged. “iINOL a Lning so lar,’ he
. “I’ve got about four
Places left to make—”

“Listen,” McQuillin asked excitedly,
“what do you know about Burl Jones
over at Mounds?”

“Not too much. He’s mixed up in a
little trouble right now but he seems
to be a—hey, wait a minute!” Len-
nox seized the list of names, ran his
finger down them. “He has a farm not
far from Mounds. A relative of his
runs it and they put up a big oat crop
this year.” He stared at his friend.
“Go on, what’s on your mind?”

Jubilantly, McQuillin related the
day’s conversations. “Now, look,” he
said hurriedly, “suppose that Bramis
was right. Evans buys a car from
Jones, pays cash for it. He gives Jones
a fake mortgage which he thinks will
protect the car. But he doesn’t get a
release. Jones throws him a curve—
sells the mortgage to a finance com-
pany, figuring Evans can’t afford to
squawk.” Lennox was staring, open-
mouthed. “Mind you, I’m just theoriz-
ing—but like Bramis said, there’s
something here that stinks! Maybe
Jones paid out his own money to get
that mortgage released then took the
car back. Evans wouldn’t have any
proof that the mortgage was a dummy
and -he couldn’t afford to put up a
howl.”

“It sounds pretty far-fetched,” Len-
nox murmured.

“Maybe. But remember, Jones was
in a tight spot, he may have needed
dough.” He arose and jammed his hat
on his head. “What do you say we
go have a look at the granary on
Jones’ farm?”

The elderly relative living on the
Jones place readily gave his consent
to a scrutiny of the oat-bin. He led
the officers to a small wooden struc-
ture near the barn. The two clam-

BYUSL 1CiCusL.

Jones looked puzzled. “Mortgage
release,” he repeated. “For whom?”

“The one the finance company gave
you when you paid off on Evans’ car.
When you paid it off with your own
money, I should say.”

auto dealer bristled. “Now look
here! I told you—”

Lennox was not perturbed. “I know,
but you told him a lie! You paid
that mortgage off yourself, Jones, be-
cause Evans never owed you any
money. That was.a dummy he gave
you. You double-crossed him and sold
the fake mortgage to the finance com-
pany. Evans beefed and wouldn’t pay
it and they had him arrested. You
didn’t dare let him stay in. jail for
fear he’d put you in the middle. So
you paid off and pretended you didn’t
know where the money came from.
That’s why you pretended not to have
the letter—you never had a letter in
the first place. But after you paid off,
you held on to the mortgage. Evans
was tired of fooling with it so he
turned the car back to you. Only he
wanted the money that he’d been pay-
ing to the finance company for months
and you were afraid he could cause
trouble—so you killed him.”

Jones laughed in their faces. “Got
it all figured out haven’t you? But not
quite! Let me point out some things
you’ve missed. If I killed Evans, where
is the murder weapon? Where’s this
fake mortgage you’re talking about?
Sure, the finance company released it
to me because I’m the one that sold
it to ’em! Do you think Evans would
have been fool enough to give me
phony papers without taking a release
on ’em?”

To their dismay, Lennox and Mc-
Quillin realized that despite their own
profound conviction that Burl Jones

‘4 © 40a bee iviceu lw Cita
1 ins from Jones’ own car.
< vere all on the matting and I
just cnanged it so nothing showed.”
He told authorities that he flatly had
accused his employer of foul play and
had been -warned to silence under
threat of death. .

Lennox found a Mounds citizen who
had loaned Jones a .38 revolver on the
day preceding the crime. “He said he
wanted to try it out, that if he liked it
he would buy it. Then he brought it
back and said it wasn’t heavy enough.”

A quick comparison of the gun
markings and the slugs taken from
Evans’ body revealed the .38 to be the
murder weapon! Then came a reward
for their vigilance. A thirteen-year-
old farm boy, learning of the investi-
gation, revealed that he had been
hunting squirrels on the Jones farm
on the late afternoon of the crime and
had seen Jones drive into the farm-
yard shortly before sundown. John
Evans was with him!

“That does it!” the sheriffs told each
other jubilantly. “We’ve got him now!”

8 Banahd had him. On the day that
Jones and Willis were released from
prison in 1941 Jones promptly was
rearrested. Willis also was picked up
and after a thorough grilling he ad-
mitted that Jones had talked about the
murder while in prison, telling how
he had killed Evans with the borrowed
gun; and boasting that he had “bam-
foozled those cops” by pleading guilty
to counterfeiting!

Brought to trial November 18, 1941,
Jones promptly was convicted and sen-
tenced to life in the Oklahoma State
Prison. Willis was exonerated of any
complicity in the killing.

The name Al Bramis is fictitious to
protect an innocent man.

"Folks Oughtn't to Keep Large Sums Around" (Continued from Page 27) ogre Reet cise tropics

“I reckon they were carpenter’s
tools. Leastwise, he had a couple of
saws in the box.”

Gibson thanked their informant,
and headed the police car toward Ma-
con. He told Robinson, “We can get a
list of carpenters from the directory.”

“Also the Carpenters Union,” said
Robinson. “With our description we
might get a line on him quicker from
that source.”

Meanwhile, Harris and the remain-
ing officers had gone back to the scene,

~ determined to stick there until a defi-
nite trail had been unearthed. By now,
the morning press had given the sen-
sational story of the brutal murders to
a stunned countryside. Scores of mor-
bidly curious, as well as sympathetic,
persons flocked to the scene of death.
They milled about, talking excitedly,
giving rise to the numerous rumors,
speculations and tips that are usually

attendant to the civilian gatherings at
any sensational homicide.

Harris and his men moved among
these people, questioning, probing, re-
cording their ideas and statements,
trying to separate the chaff from the
grain. Deputies, coordinating their
movements as much as possible, were
soon speeding back and forth across
the countryside in pursuit of every
lead that contained the slightest ele-
ment of merit.

But one by one these leads, over 40
in all, proved to be false, erroneous,
worthless. Time passed swiftly and
the investigation into the double mur-
der had revealed no promise of a so-
lution.

The deputy sent to the northern
part of the County returned at noon.
“That man was behind in the money
he owed Perdue, all right,” he told

Harris, “but I’m convinced there was
no bitterness between them. Besides,
the guy was sick in bed and didn’t
leave his home over the week-end.”

Next came Gibson and Robinson,
their faces etched in disappointment.

“Sure, we found the man in the
leather jacket,” Gibson reported
glumly. “But he’s no dice. He is a
carpenter and merely came out to see
Perdue Sunday morning about doing
some work on one of the barns. Natu-
rally he couldn’t arouse anybody, so
he went on back home. Saturday night
he was home with his wife and
family.”

So it looked like a stalemate. Where
to turn next?

Inside the murder house, Harris
paced the floor with a frown of con-
centration creasing his forehead.

“The key to these murders is some-
where inside this house,” he declared

stubbornly. “I think it lies behind the
story of that unused spare bedroom.
Somebody, either expectedly or unex-
pectedly, came here Saturday night
and the room was made up for them
to sleep in. But instead of sleeping
here, they killed the Perdues and fied.”

“But what was the reason for the
killing?”

“I’m convinced now the motive was
robbery,” answered the Chief Deputy.
“That ties in with the theory of the
spare bedroom. Any person acquainted
well enough with Perdue to be ac-
cepted as an overnight guest would
more than likely have known about
his custom of keeping large amounts
of cash in the house.”

“What about the $37 we found last
night?”

“Forget about that for the moment.
I think that was either overlooked or
spurned in lieu of some larger amount.

oD 3

selling the farm. That was while the
—— on their new place was being

Mike Grace, they told the deputie:
owned another place near Chattae
nooga, Tennessee, and they thought he
had gone up there last Saturday morn-
ing, but he had not returned as yet.

employe known as “Slim” also
roomed at the Graces, but he had gone
to town, the neighbors thought. The
deputies decided not to wait for Slim’s
return but to bring what information
they received to Headquarters.

Gibson said, “If Grace went to Chat-
tanooga, Saturday morning, that would
put him in the clear. But what about
this fellow Slim, whoever he is. He
may be able to tell us something, if
he was living at Grace’s place when
the Perdues were. He may know some-
thing about their habits.”

Harris said, “Let’s take a run out to
the Graces’ place to see whether Slim
has returned.”

When they arrived at the Graces’
farm, they asked a Negro yard attend-
ant if Slim had returned and where
they could find him.

“He’s down in da swamp workin’
a tractor,” said the man. “Hit’s *bout
a mile down dat road.”

The officers thanked him and headed
for the swamp. They entered the
woods and presently heard the sound
of a tractor. As they broke into the
Saree the tractor motor was shut
off.

They saw a tall, thin man wearing
denim pants and a ragged sweater,
standing beside the tractor. He was
about 30, black-haired, handsome in a
rough sort of way.

Deputy Stokes asked him, “You’re
Slim?”

“That’s right.”

“Slim what?”

“Isaac Irwin.”

Harris explained that they were
badly in need of information concern-
ing the Perdues and asked Irwin if he
would mind coming to Headquarters
with them to tell what he knew.

“Not at all,” the farmhand answered.
“But I’m afraid I won’t be able to
help you too much but I’ll do what I
can.”

On the trip in to Macon, Irwin ex-
plained that he was a native of Ken-
tucky and hadn’t been in Georgia long.
He had worked for Mike Grace for
several years and came with his em-
ployer to the farm near Macon when
Grace purchased it.

At Headquarters, Irwin went into
detail, explaining that he had lived in
the same house with the Perdues while
they were waiting for their new home
to be finished.

“During that time did you ever see
or hear of any persons who would
have reason to kill the Perdues? Did
you know of any of their enemies?”

“No, I never actually saw him squab-
bling with anyone. But I did hear that
a couple of men here in town hated
him because he wouldn’t loan them
some money without any surety.”

or—5

WCE ue
swung off
perately s¢
which they «
crack the my

RWIN was -
soned. He
Perdues he:
And he had
Why?

night—ever>
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TRIAL

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APPEALS

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EXECUTION

Maeor Leber. 724, PHaa. a2 . Kk . Wbfl e¢¢
RVAE Ae 15

hc SIE SER

\ { ; fg |W OFFICERS NAMED—Mrs. Charles LeH,
} der of the Navy, Marine and Coast G uard/
/ gavel from Chief C. B. Jones, USN, who in
Left to right are Mrs. J. O. M
Bullard, Mrs. Stey
\. Smathng, Chief
jarnes, Mrs. Celia i : ié j i "
behind her, Mrs, H. A. Weaver

w Proves Futile
tf, For Andrews |

Own receiving
officers for the

‘argaret
and Mrs, Ms Ada

house News

sro, Charged With Murder, | Cha
ind Over to High Court Here

R. Douglas Feagan yes-| “Moses carried Robert Franklin
ound over Robert Frank. {home: © Wueuish erat ee pee
> cents ani 0. us to wa!
Red with the brutal Sy! tor him until he had put his gro-
oses Clifton, Negro, early ‘ceries in the house. He wanted
morning. to. Superior; Moses to tarry him to the country

was made

were named
clerks. while

yesterd.
Clarke, general chairman,
H. C. Moore and Walter P. Jones

and Funerals

Personnel Set-Up
nges Made
t Ration Board

Announcement of changes in the
Personne} set-up of the Bibb Coun-
ty War Price and Ration Board

as
Milo

The changes j
1, Clarke

ring a@ prebminary hear- to a girl.
unieipal court. . “When ga reached the country {CMtinue in his prese
ses, Brought to the stand |he said he did not want to see! #S Chief clerk of the
eto “General: Charles H.'e girl but wanted to pick up $109 | S#id. }
teseribed “details of ‘the he nad Teft hidden ear Jones will head
@ charged: that ‘Franklin | He four. consisting of
ton over the head with a! bac and Moore will have ch
tron and set fire to the! els one and three,
as and fuel oil,
¥ ‘amed
Horton,
Bi
fy they! “Nash told an identical story on} x
% he Macon post office to; the witness stand. However, he} Deaths
ton at 1 pm. Monday. jgaid Franklin used a» baseball bat

instead of # piece of iron.
ets | ~ Arnold Jacobs, Macon attorney,
nites Son represented Franklin at the pre-
. liminary hearing.

rted Missing DIVORCE SUITS FILED

4 Three divorce suits were filed
wing Blast .}¥esterday in Superior court, ac-
HL Watans machin irl recor phe fice of
ie ney ws = 5 eae | These included Mrs Corine Har-
peomgis aye SE: ur fwell Vetre vs Edward C Vetre;
"tet Which Dlow:up ‘re | hers ' Soran Ann Creamar Hampton
t off the New. York hat-ivs, Preston Brooks Hampton, and
ne. inaction, the War-tutrs “ye Suine Peed -aaliter vs. Ber:
1 announced. yesterd
word was received yes-

nard W. Miller, ;
nig by “Wilkins moth-| APPLICATIONS FILED
ace Wilkins, Biltmore} Six ‘applications for marriage li-
He has two sisters re- | conces were filed yesterday in the
Macon. They are. Mrs.i fice of Judge Walter Stevens,

of
ardson. S11 Ridge ave-/ Binh county ordinary, records
owed

rs. Dorothy Weis, Bilt | gh :

‘ments His wife, Ha These included Staff Sergeant

kins, lives in Ind an- Rudolph John Rossee, of Loyal-
hanna. Pa.. and Herbert Smart air- e
port. to Ann Lucy. DeFlavio, of
Latrobe, Pa; Sergeant Josep

son Hollow:
died at his

at 4:30 p.m.

Ww.

loway, Arab’

sie Alma Buskey, of Roanoke, Al

Staff Sergeant Johuny Lee Arthur, |
Of 416 Mikado avenue, Macon, and!
Cainp San Luis Obispo. Calif, to
Adeila Luacille Pennington of 178) 4,

p to Address
‘anism Club:

40am

» 1

Funeral serv:

way, early Wednesday,
in the chapel of Hart
Thursday.
Pestor of the Ma-
t church, will of-
jal will be inthe

Worth Williams,
bel White Baptis
ficiate and buri
Outler cemetery

egie Hollows:
Dyer. of Macon: five
sons. C. R, Paul, B. F. and FS.
Holloway of Macon,

MRS. IDA SOPHINA MOORE

lay by Clisby

arge of pan-
including tires,

as senior clerks for the
four panels were Mrs

PATRICK GIBSON HOLLOWAY
ices for Patrick Gib-
retired farmer, who
residence, 2615 Broad.
will be held
‘Ss mortuary
- The Rev, W. {bei
provements, possibility of opening

a dancing class. fees and mem: }
berships. It was decided at the |
meeting that special entertainment t
would be provided once @ month,
featuring club and-outside talent
in floor shows. * rwhom tx in the US. Army.

Darden:

ness of several weeks, will be held
the bh of PS a

i
}
i

assistant chief!
Medlock will
mt capacity
board, Clarke | of

panels two and |
food and prices!

ond Wednesday of each month at
7 pm. in the club room. At every
other meeting. adult representa-
tives will be present to tonfer with
the group.

ed to make rules for the organi-
zation. They are Nat Blossom,
chairman, and workers Marjorie
Morton, ae a Ft a
bedge Snow. Serving on the le | but hi i a the ¥
tin board ‘committee are Betty | ut his brother said that th young
Shehan and Roy Williams.

the council, which has
ing to acquire one for some time,
ky Unable to buy a new table due to
@ are two daughters, etree 9 Tio pane
yaad | Mre, 1 te. purchase 8; secon: continued through Janua
LR he ere fi wenntons oa farmers were reminded yésterday |
}
id J. T. Hol. | donates one, the councit reported
16 granddaughters: | yesterday.
great-grandsons; e
‘anddaughters
Pattbearers are A.'F.
hi O. R. Bliss. J, C. Fitts, J. W. Me
4 : ald, J. C.. Jewitt and J, B. Col.
ns,

Hospitals. Here Okayed
-| By College of Surgeons

awarded full and provisional ap-|
proval by the American’ College of |

Funeral services for Mrs Ida /Surgeons for the year 1943, ac-,Pl

Sophina Moore. who died at ber ;cording to an eee TL y cebcas GOUnly., AAA. OMic6. theme eis of
residence, 300 Pio Nona avenve. at ceived yesterday from the college ithe Bibb building

x .}in Chicago, 1
Sere otek tne mae Hospital, The Mid
fie Georgia Hospital and the Ovle-

ed organizational |
jmembers of the council assembied |
yesterday
Troom on Poplar street,

AnotherA ppeal| ar, | Sion
fe .f2.9 | Show Decreas
| Durin g 1943.

Another effort to save Sylvester Despite war-time conditions
the city and the resulting in

Andrews, Negro, from death in,
the electric chau Friday. proved | sn ceewe Lm population, Mecon's-tatal.
j dents were fewer in 1943 than

futile yesterday “morning when | ' : ;
Judge Cectl A. Baldwin, of Ma- any other year during the past h
peUtior: decade. according to figures
|leased yesterday dy. Capt. D..
Sapp, potice officer-in™ charge
traffic. .

Five persons lost their lives,
result of accidents in the city @
ing the past year, according te
report on traffic for 1943, as
pered with nine in 1042 and 11 Ja
1941 : Be

‘ “the lowest : aceid
death rate to ‘be recorded ai
Capt. Sapp took over handling
con's traffic problems in 1939.
officer said no previous 0
since that time are available
@ comparison. a

“The traffic Yow in Macon;
the officer said, “is betng d
now with nine men: the same
ber I had when I took over

con City court, denied a
for supersédeas.

The Negro, convicted -tn supe-
rior court here on a rape charge, ,
was given the death sentence by.
Judge A. M. (Phil) Anderson |

Meanwhile, Willie Hubbard, {
Bleckley county Negro, died in the |
electric chair “yesterday atthe |
State Penitentiary forthe Tape ;
of an elderly white woman, His |
case was transferred to Bibb —
Sene rs change Nh Nas j

aisy Churchwell, Andrews’
attorney, sought to gain a stay of | LT. 2 W. MATHIS

execution until the. Georgia Su./ °
preme court can pass on the de J, W M ] “ J
nial of a habeas corpus petition. (| oJ * « at Ms Jr

The Negro was’ transferred cf o e
the state penitentiary at Reidsville iK ll | I l
Tuesday to await execution. 1 e¢ In ta y

No motion for stay of execu, department in 1939." ‘ cae
tion “or for habeas corpus Pro} ihe ie oral piesa fooue: A total of 773 accidents, resulte
ceedings has been filed in the case | - ‘ing in an estimated property di
of Isaac Trewin, convicted of the {iM ripe pare ie ne Snee eid age of $20,953. were reportedete
murder of John N. Purdue, Bibb yc Wore leek tee. Winship (Clty police during 1943, according!
county farmer, authorities said | 7: 16 foe iad JPSMIP to the report, i 2
today. Irwin, too, is sentenced to | Street. Matht fap had| Property damage as the
die Friday in the electric chair, || Mrs. Mathis said her son hai ; of traffic accidents in 1942
Iu wat learned here that Irwin's | been Sietianteniens pn estimated at $16,714.50 and tn ieee,
borage: Aa Bien rr Reidy and had been released from a base hictee sad ato eea/toe reper’
hospital on Nov. 23. He was SETV" | stated, rif po 3
ing in the infantry and had been; Twelve cases of hit’and run
overseas six months, cidents were reparted during w
eee ae, Tee 12 months period ending Jan. 4
the United States iolned the enti ind Shige cere ak the dha
hot we es fervent at mee year asa ease oa traftic

ackson, § » for primary dents, the report stated.

training and Jater was transferred “The fepott indicated that
as jto Fort Benning. Ga. for officer | trattic accidents in the city o
} candidate training After receiving | during the hours from noon tf
is commission he was sent to!@ p.m. A total of 280 collisions
mp Howse. . Texas, and from! occurred during bones mag of the
there was assigned to duty over- | day rgd with being
seas od

Teen-Agers Set
Meeting Dates While in Teyas Lt. Mathis was
mer Arthurrene

1 heil | Married to the for
Tithe. Ramblers” Rendesvean | Askew of Marie Ola eked
YWCA club for teen-agers. set «| Ow living in Parsons, Kan.
regular meeting date and discuss-; Besides his wife and mother,
problemg when | Who was the. former Miss Hazei
Peranaleer. the phos is survived
t 9-30 : tr two sisters, Clarice and Alys
ile Dried es | Mathis and his seeneene: Mrs.

Under the Girection of Charles W. M. Shinhol in
McAfee. president. the planning ire Paes ee
Olan Ard Listec

body decided to meet every sec-
Killed in Action

The death in action of Macon
Marine Pfe Olan Ard. son of Mr.
and Mrs. Norwood Ard of Route President © Hardy: first vices
|S, Macon, was announced yester- president. 1 Champion; second)
(“t by the Navy Department... vice-president, F Spencer

ville. :

Warden H.-R. DuVall, of the |
St ‘enitentiary, said Hubbard
made no reference tothe crime
in his final statement before execu-
tion.

“He told me only that he want-
ed his father to claim his body
and bury him in a grave beside!
his mother,” Warden DuVail said. |

in accidents a4 drunk drivers:
were the cause of 44 accidents, i
was slated. ‘

Ba pt int Bible Class i :
Names 1944 Officers ~

The Business Men's Bible C
of the First Baptist church wiit
meet Sunday morning at 10:18
o'clock, Mac Hardy, president of
the Class, presiding Edwin @
Davis will teach the class fh
Mark's Gospel

The following officers have
Four Ramblers’ were appoint- been elected for the ensuing year:

The official report did not st | croft; secreta
any details of Private Ard's death 5
% st, Lee
Mrs = M. Hollowayy
area ~ chairman welcoming co
He had enlisted in July, 1942, Warren Timmerman: alck commit~
acd had. gone overseas in the tee, AR. Willingham; reporter, J,
spring of 1943. ~ Ne wax not mar- Freeman Ha h
ried. and his age was given by his | Spikes, D J
brother as 21 years. bors; teacher.
Members of his family who sur-
vive him include his parents. two
[Sisters and four brothers one of

Marine was serving in the Pacific

Other business matte:

{F. ou;
| las Carlisle, MH. F. Northington
| Prof. G. L. Carver.

Lack of a pool table phage 2

ig Pas Neither ‘the narth nor the

magnetic pole coincides with &
geographic pole. . :

eames HEALTH QU!

agent, who stated that a large num-
Shs fo snc basen appt |
or sale ha ” P Bo you have beataches ? F
De yes lack pop or sin? aja)
you gut iritable vas?
Gopressed— sores? 1)

Dairy Feed Payments
Will Be Continued
oe nive i

the club still wishes Dairy feed :paymenta

y ip take care of
some of the high cost of milk pro-
duction, the county agent said. and | Bp
will be made promptly when sat-/
istactory evidence of sales is sup- De yea feel
ied to the county AAA office i
Bibb farmers may apply at the

Three Macon hospitals bave been

} oa ( faxter ands
i

an ou
ean Yet from an ordi. uy Sone Enel
alone? Theo, as medical ecieace proves

; ‘ ee.

USO-Travelers Aid Here i

no appeal,
HOWELL, Matthew, black, 26, hanged at Lawrenceville, Georgia, on December 13, 1907,

"(Special Dispatch to the Journal.) Duluth, Ga., Oct. 5, 1907-Although a posse has been in
pursuit since yesterday, Matthew Howell, the negro who murdered J, B, Rainey, a bailiff of
this place, is yet uncaught, The negro, resisting arrest, drew a double-barrelled shot-
gun on the bailiff and emptied both barrels, the loads enteréng Rainey's heart, Rainey
had a warrant for the negro, Howell came here from Atlanta recently, where, it is said,

he was employed in a restaurant, He had committed some offense, a misdemeanor, for which
the warrant had been issued, Howell is described as being about 26-years-old, weighing

130 pounds, and being about 5 feet ) inches in height. Sheriff J. G. Brown, of Gwinnett
County, has offered a reward of $50 for the capture of the negro," JOURNAL, Atlanta, GA,

0-5-1907 (2/h.)

"Greenville, S. Ce, Oct. 7, 1907-Sheriff Brown, of Gwinnett County, Georgia, came here yese
terday and took possession of Mathew Howell, a negro, wanted for the murder of Deputy
Sheriff Rainey, which occurred last Thursday, It is said the negro was jailed at Gaines~
ville by the sheriff for fear of lynching at Lawrenceville,"" JOURNAL, 10#7-1907 (heh.)

JOURNAL, 10-12-1907 announces indictment on 10-11, Paper torn,

“His appearance indicated him to be a man of intelligence, a fair type of his race
when educated, He was pursuing the bustiness of huckster, selling fish, when he killed
Satterwhite. His brother now conducting that business, le :formerly worked with Ol.
J. ‘0. Clarke, He did not speak to his stepfather who was standing behind him in the
hall of the jail - probably not seeing him and the old man not seeming to.desire to
push himself forward. He was only relative present and afterward walked beside hearse
to church," CONST ITUTIONALIST, Augusta, Gas, 2-20-1875 t

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larger and larger. Did he recognize it?
Would my theory hold water? He wet
his lips with his tongue.

“Mr. Harper,” he asked, “has it got a
little white button sewed to the bow of
the ribbon?”

“Yes. Here’s the button on this side,”
I replied, handing the hat to Henry—
I realized I had struck gold. Henry
knew the hat.

“Lordy, Mr. Harper,” he said, “don’t
you ever tell I told you—but I seen a
boy named Plunk wearing that hat—
that very hat. Only it didn’t have
them spots on it then.”

“Did Plunk own a gray overcoat,
too?” I asked.

“Never seen him with one,” replied
Henry.

“You're positive about the hat,
though? What’s Plunk’s real name?”

“Yes, sir! I’m positive. His name’s
Jerome Jones. But everybody calls
him Plunk. He lives over in Rossignol
Hill in West Savannah, but Mr. Har-
per, please keep me out of this.”

Sergeant Mahoney and I set out im-
mediately for Rossignol Hill, a Negro
settlement about three miles out of
Savannah, where we found Plunk’s
home without trouble. Plunk wasn’t
there when we arrived, but his wife,
Maybelle, and a brother-in-law, Ned
Singleton, identified the hat as once
belonging to Plunk, but the informa-
tion she added was disappointing.

“Plunk swapped that hat to Arthur
Bayfield for a cap about two weeks
ago,” Maybelle told us.

We talked on for a few minutes, and
then Plunk walked in. He was a small,
wiry man about 23 years old.

“Plunk—ever see this hat?” I asked

_ “No, sir,” he replied, “I don’t be-

“There’s no use lying about it,” I
persisted. “Isn’t this the hat you
swapped to Arthur Bayfield for a cap?”

Plunk then realized we already had
obtained the truth from his family, and
admitted sullenly he once had owned
the hat.

“Where will we find Arthur?” I
asked.

“He lives over on Charles Lane in
Currytown.,”

“Get in the car with us,” I com-
manded. “We’re going to see what Ar-
thur says about the hat-swapping.”

With Plunk in the car with us, we
returned to Savannah and went down
Broad Street to a row of shacks on the
edge of the Yamacraw Negro district.
The alley-like street is known as
Charles Lane.

“There goes Arthur now,” Plunk
said as we drew up on Broad Street. I
leaped out of the police car and ran
up behind the man who was walking
down the alley and pinned his arms
to his side. I frisked him quickly, then
made him walk back to the police car.
The arrest attracted no attention.

Arthur Bayfield identified the hat
and the gray overcoat.

“I swapped a cap to Plunk for the
hat and brought it home and put it
on a peg,” he said. ‘Marion Hunter,
who lives with me, started wearing the
hat. That’s Marion’s overcoat.”

With Plunk and Arthur still in the
car we drove down Charles Lane and
stopped in front of the sixth shack. It
had a horseshoe over the door, but
otherwise was exactly the same as the
other 20 or more identical houses lin-
ing one side of the alley. With Ser-
geant Mahoney guarding the prisoners,
I went into the house looking for
Marion Hunter.

Jennie Hunter, a sister, was alone in
the house.

“Marion’s not home,” she said in
answer to my question. “I don’t know
where he is, or when he’s coming back.
There’s four of us live here, me and
Arthur, and Marion and his girl friend,
Lizzie Roberts.”

Presence of a police car in the alley
attracted a big crowd immediately. We
drove on off and circled the block.

“You cruise around with Plunk and
Arthur—maybe you’ll run onto Mar-
ion along West Broad Street,” I told
Sergeant Mahoney. “I’m going to find
a way into that house from the rear.”

I left the police car about a block
from the entrance to Charles Lane and

walked down another street until I
was in the rear of the shacks. Here I
leaped a fence and found the rear door
of No, 6 Charles Lane.

Jennie was fixing up to go out when
I came in. It is needless to say she was
surprised.

“You needn’t be dressing up,” I told
the frightened girl. “You and I are
going to stay right here until Marion
Hunter comes in. If anyone comes to
the door, you open it. Don’t say a word
to them—just let them in.”

It seemed ages before I heard foot-
steps on the tiny front porch. I pulled
my gun and motioned for Jennie to
open the door. She stood back as she
opened the door, as though afraid I
would start shooting. It was a man,
but not the one I wanted. I had taken
Marion’s description from Plunk and
Arthur. This fellow was about nine-
teen years old. _

The youth started to leave when he
saw me.

“Come on in, boy. None of us are
leaving here for a while,” I told him. I
searched him thoroughly, then made
him sit down with Jennie on the bed.

“What’s your name, boy?” I asked.

“My. name’s Bo Jones,” he said. “I
live over on Rossignol Hill.”

“Are you Plunk’s brother?” I asked.

“Yes, sir. Plunk ain’t in no trouble,
is he?”

“Not if I get the man I came here
for,” I said.

I entered the house about 10:30 a.m.
It was now nearing noon. Both Jennie
and Bo had tiny beads of perspiration
breaking out on their foreheads from
the strain of waiting. Then someone
else came to the door. I stepped back
where I could see without being seen
and motioned for Jennie to open the
door. It was a woman.

“She lives next door. Her name’s
Mandy,” Jennie offered, while I told
the woman to sit down.

A few minutes later a young fellow
shouted from the alley outside.

“Hurry up, Bo,” he cried, “I gotta
be going.”

“Who’s that?” I demanded of Bo.

“Boy named Frank who came down
here with me. He’s been waiting out
there for me,” Bo replied.

“Jennie,” I ordered, “you go to the
door and tell him to come in.”

Frank came in, was searched, and
took a seat with the others.

A few minutes later, Lizzie Roberts,
Arthur Bayfield’s girl friend, came in.
She too sat down with the others. Then
came Liza, a girl about twelve. May-
belle Porter, a girl friend of Marion
Hunter, had sent her with a note that
she’d see Marion that night. I made her
stay with us, too.

The one-room shack wouldn’t hold
many more, I realized. I realized, too,
that I was somewhat outnumbered in
case of a rough and tumble fight.

I tried to make a more thorough
check of the shack to see if there were
any weapons hidden around. I found
a pair of trousers hanging behind a
bed, and in going through the pockets,
I saw a laundry mark. It bore the
name: Tom Chester.

My hair tingled. Here was a pair of
the murdered nightwatchman’s trous-
ers. Certainly I was on the right
trail. I made up my mind to stick it
out if I had to stay in the cramped
quarters a month.

| LOOKED at my watch. It was 1:15
p.m. I wondered what Sergeant Ma-

honey was doing—whether he’d had

any trouble with his two prisoners.

Then someone ran up the front steps
and pushed the door open without
knocking. I covered him with my gun.

He was a well-knit man with a small
mustache and low sideburns. I knew
he was Marion Hunter! He half turned
to run out the door.

“Stop in your tracks, or I’ll blow
you down!” I commanded. He stopped.

In his pants pocket I found a wick-
ed-looking switch-blade knife and a
bit of small change. But he had no
gun.

“All right, you others,” I said, “you
can leave now. But if you see any
policemen tell them there’s a man with
a prisoner down here.”

They left—by windows, through

both the front and back door; one even
tried to run through the wall of the
shack in his haste to depart.

“What you got me for?” my pris-
oner asked, still facing the wall, hands
elevated.

“T want you for murder—of five
people,” I replied.

“Boss, I ain’t been out of the chain
gang long enough to do nothin’. I just
got out October 16,” he protested.

I didn’t have a chance to talk to .him
long, for one of the persons I had liber-
ated notified police and Savannah
Detectives Wiman and Beebe came
running down the alley.

We carried Marion Hunter to the city
barracks. Then I got in touch with
Sergeant Mahoney, who had_ been
patrolling constantly in the vicinity of
Charles Lane but was unaware I had
succeeded in my quest.

It was to a mighty happy Chief
Chapman that we reported our success.

“Splendid work,” he said. “Splendid
work. But now we must substan-
tiate all our evidence. We've got to
recheck every detail.”

Fuser afternoon we subjected Hunter

to an extensive grilling. Wasn’t the
coat and hat his? Hadn’t Tom Ches-
ter’s trousers been found in his house?

Finally Chief Deputy C. J. Purdy,
who was in charge of the questioning,
told Hunter we were going to carry
him over to West Savannah to the
scene of the crime. Just as we were
about ready to depart, Hunter was
overcome by fright.

“Don’t take me back over there,” he
pleaded. ‘Don’t take me back—lI’ll tell
you all about it!

“IT was walking along the road
(Highway No. 17) about midnight
when a man came up to me and asked
me if he had a job, would I do it. I
told him I didn’t know. Then he put
a gun on me and told me he had some
people he wanted done away with. He
showed me the little house.

“IT looked in the window and seen
they was asleep. I picked up a piece
of pipe from near the door and went in
through the window. I was standing
in the dark when a man said, ‘Who's
that?’ I heard someone moving. Then
I started fighting with the pipe. When
they stopped crying I took a shotgun
from the little house and some keys. I
went out the door.

“Then I went to the filling-station
and started to open the screen door, A
man came to the door with a gun. I
shot through the screen door with the
double-barrel. Then I went into the
filling-station and took a single-barrel
gun and some machines. I hunted
around for something to open them,
but had to go into the garage to pry
them open. I didn’t get more than four
or five dollars in pennies and dimes.

“T started walking through the field
with the two guns, which I dropped in
a ditch. A little further on I felt the
blood on my hat and overcoat, so I
took them off and hid them in some
bushes.”

“What about Tom Chester’s trou-
sers?” Purdy asked. “You forgot to
mention taking them.”

“T didn’t take them at that place,”
Hunter replied. “I took them when I
broke into one of the Goldberg cabins,
a couple miles further up the highway.
That was about October 25, soon after
I got out of prison. I went through a
window, but someone woke up. I had
my knife and whacked him.”

It was amazing. It was as cold-
blooded as anything I ever have heard.

Later Hunter was returned to Chat-
ham County and was taken to the
scene of his crime. He calmly re-
enacted details of the slayings for
Deputy Purdy, Detective Sergeant E. A.
Fitzgerald of the city police and Ser-
geant Mahoney. He also admitted that
his first confession was only partly
true—that no man had figured in the
case. That part had been a deliberate
lie to escape full blame.

Marion Hunter went on trial charged
with murder-on January 24.

On January 26, after three days of
testimony, the jury returned a verdict
of guilty. Judge John Rourke sen-
tenced Marion Hunter to die in the
electric chair.

|
t

by
Raymond

Carter

hy
mone
rter

HIN RAYS OF LIGHT filtered through the grated openings

in the windows of the Chatham County, Georgia, Po-

lice Headquarters at 7:30 in the morning of December
21, 1938, as J. J. O’Reilly, veteran patrolman, stood before
the crowded bulletin board and copied a long list of stolen
car license numbers.

The eight o’clock turn-out signal blasted, and the day
squad buttoned their long overcoats and hustled into the
usual formation as they stood before the desk lieutenant to
receive their day’s orders.

“Attention,” the lieutenant ordered gruffly. “There is
a list of stolen cars on the bulletin board which is to be
copied by this squad. If any of
the cars are found on your posts
—deserted, don’t touch them! No-
tify this bureau immediately and
crime detection men will be sped to
the scene. All those cars were stolen
in Savannah, within the last forty-
eight hours. Dismissed.”

O’Reilly, a case-hardened guardian
of the law, had long ago won the re-
spect of the County citizens, his fellow-
officers and felons, because of his de-
tecting ability and fair play. He was a
lone wolf now that his able partner, B.
W. Harper, had been injured only a weck
before in a traffic accident. Their post
was the longest in the service, being twenty
miles long and running due West of Sa-
vannah,

He adjusted his gun holster, tuned in the
police radio and was soon motoring along the
route which was exceptionally quiet this
morning. He planned to stop at several
of the village police stations along the
way and notify them of the stolen
car alarms.

As he stepped along, there came

A stunned crowd (below) stands outside
the murder cabin in which four persons
were mysteriously murdered. Two little
bodies (right) were found in this bed.
Opposite page is the lethal weapon,
length of iron pipe line to which clung
blood-crusted human hair.

a static growl from his radio. To avoid the disturbance,
O'Reilly drove off the concrete and bumped along the wide
dirt shoulder and stopped.

AS HE SAT THERE, with pencil and pad in hand, the police
announcer bawled, “Calling Car number thirty-five.
Calling car number thirty-five.” There was a brief pause.
The call was for him. The announcer continued, “Car
number thirty-five, proceed to George Tyson’s Tourist camp.
See Mr. C. J. Boney. He reports
several homicides. Please advise
this bureau at once. Time 8:35.
Thank you.”
“Several homicides,” he mut-
tered, as he threw the car into
first speed and, as he gained mo-
mentum, it was thrown into high
and on its way to the Tourist
camp. With the siren scream-
ing out its warning to fellow-
motorists, O’Reilly was_hit-
ting seventy-five miles an
hour as he neared the scene.
Finally, with brakes groan-
ing, he pulled into the yard
adjoining Tyson’s camp.
. * He vaulted out of the car
and ran to the cabin.

Wasi ie0s,

=
em,
@en,
=
alll,

HWE id
II!

There O’Reilly found Tyson offering coffee to a man
seated nervously on the edge of a stool.

“Where is Mr. Boney?” asked the officer.

Tyson pointed to the man sipping the coffee. O’Reilly
looked him over closely. Boney’s eyes were distended with
terror and his breath was coming in harsh gasps.

“Drink your coffee slowly, Mr. Boney,” said O’Reilly, as
he walked towards Tyson.

“What is this all about, George?” he inquired.

Boney, who had heard the question, lifted his haggard
eyes, tried to bring order to the chaos in his mind, as he
blurted out, ‘Five dead!”

“What’s that?” shouted the police veteran as if his ears
were playing pranks on him.

“Mr. Boney found five bodies over yonder, and I have
seen them too,” answered the calmer campkeeper.

y THIS TIME, Boney had finished his cup of coffee and

his nerves were somewhat collected, and with Tyson
and O’Reilly at his heels, he led them to the murder cabin
some 100 yards down the road.

O’Reilly, a husky six-footer, stepped onto the porch and
opened the door, stepped into the one-room cabin.

The policeman stood there motionless, a rigid statue of
taut muscle, the white of paleness showing through the tan
of his face. Chill drops of sweat beaded his forehead. The
palms of his twitching hands became clammy, and _ his
breath beat fast. He turned about quickly and came out
onto the porch murmuring, “Only a murderous beast could
have done that !”

He walked to the grass plot and joined Boney and Tyson.

“Where is your telephone, Mr. Tyson?”

“You haven’t seen everything yet, ‘Jay Jay’,’ answered
Tyson as he proceeded to the filling station directly in front
of the cabin.

“The heck you say,” answered the patrolman weakly.

The three men walked slowly and silently to the gas sta-
tion, and then Tyson directed “Jay Jay” to look inside the
station office.

O’Reilly followed instructions and looked through the
window, and his eyes showed him number five in the mass
murder parade. A man in his thirties, lay there on the

In this ramshackle cabin, first in the

row, Patrolman Harper waited pa-

tiently for the mass murderer. His

appearance climaxed a brilliant feat
in crime detection.

floor with the top of his head
blown off.

The policeman sped across
the grass plots which separated
the murder scene from Tyson's
camp, and literally lunged at
the telephone. He cleared his
throat as he took the receiver
off the hook. Then he shouted
into the mouthpiece, “Give me
County Police Headquarters,
and quick!”

A voice that seemed me-
chanical to the jittery O’Reilly.
answered, “Police Headquar-
ters.”

“This is O’Reilly,” he yelled.
“Give me the chief, quick!”

“Another reckless driver?
kidded the operator, as he rang
the chief’s telephone.

“No,” said O'Reilly. “I
have found five bodies and they were murdered.”

“What 2” shrieked the operator. “At the tourist camp?”

“Yes,” answered the patrolman.

“Stay there, ‘Jay Jay,’ and I will see that everybody is
notified.”

’

Cie hung up the telephone and asked Tyson and
Boney to stay at the camp because the authorities
would want to take statements from them. Both agreed.

The shocking message was relayed over the police cir-
cuits, and like all bad news, spread quickly. Route 17
became crowded with police, newspapermen, and curiosity
seekers.

Chief W. F. Chapman, when advised of the mass mur-
ders, hastily ordered reserves to the scene, and then sped
there with Sergeant Thomas Mahoney, crack sleuth of the
department.

As the chief’s car came to a stop on the soft dirt shoulder
outside the tourist camp, O’Reilly met them.

“A Mr. Boney found the bodies,” he said as he walked
the chief and sergeant in the cabin direction. The three
officers, with heavy steps, crossed the lawn and entered
the little cabin.

Sergeant Mahoney, with a pencil and paper pad in hand,
stood in the doorway and sketched the gruesome find. With
his shaky hand, his drawing showed a man and woman in
a death embrace on a double bed in the east end of the room.
Alongside their bed was a little girl, battered to death. To
her left was the lifeless form of another young girl. The
room was in confusion with magazines and papers and
clothes scattered all over.

Mahoney, shaken by the sight, stalked to the door and
onto the porch. The chief, his eyes bleak and hard, and
his lips forming a grim slit in his face, remained and exam-
ined the bodies. All four had been the victims of a power-
ful killer who had snuffed out their lives by bashing their
skulls with a series of blows from a blunt instrument.

The long curls of the two little girls were matted with
drying blood. Their faces were marked and bloody. Their
eyes bulged out with unspeakable terror.

Upon completion of his superficial examination, he came
out and joined his men.

“2

Vid

eae
By A

leased from prison on October 18th, 1938.

When he emerged, he was still strong
in the belief that he had beaten the law.
He could bent. it again, he thought, but
he was soon to learn otherwise.

In Savannah, Georgia, in the month
of December, 1938, five persons became
the chief characters in a never-to-be-for-
gotten drama.

James Sidney Tillman, thirty-four,
sailor and machinist, had run across
rougher weather on shore than he had
ever encountered in the treacherous
Caribbean Sea. He had lost an eye in an
accident in » welding shop, and that
was the beginning of a series of troub-
les that were cyclonic in their effect
+ iene his desires and hopes. His wife,

ary Eliza, twenty-nine, and his two
little girls, Clara and Leola, eight and
six, respectively, were all that he had
left in the world.

It was these three who, when he re-
turned home night after night, discour-
aged and shamefaced at his failure to
get work, put new heart into him and
enabled him to continue the next morn-
ing the hunt. for a job on which so
much depended.

A FEW other warm hearts from time

to time cheered him on. There were
sympathetic relatives who, though they
hadn’t much to give, contributed to re-

establishing his courage. There was
kindly Miss Mary Butler, who operated
a filling station near the Bay Street ex-
tension in Savannah, She had given
the land-stranded sailor permission to
occupy with his family a little white,
one-room cabin, It stood about a hun-
dred feet to the rear of the gaso-
line pumps that marked the highway
on which Miss Butler’s business de-
pended.

Christmas was approaching. It was
the season when men without work, but
with expectant. childish eyes greeting
them every night, feel most keenly the
futility of effort, and the elusiveness of
happiness.

Clara and Leola Tillman had been
kept at school in spite of starvation
difficulties, and much to their own and
their parents’ delight had been enabled,
through the kindness of others, to take
part in a Christmas pageant.

The entertainment was to be repeated.
On the night that was to prove of such
terrible consequence, their two holiday
frocks, in which they had appeared so
proudly before the admiring audience,
lay freshly pressed upon a chair near
the gas stove in their home. How they
had hovered over them in anticipation
of the second performance, and how re-
luctantly they had left them there in all
their appealing starchiness, when bed-

time came, But they must say good-
night to the big doll in its crib at the
head of their bed, and creep in between
_ the threadbare sheets in search of warmth
and dreams,
Thomas Chester, forty-two,- watch-
man for the filling station, was destined
to be the fifth character in the tragedy.

** ©

C. H. Boney owned the filling station
which Miss Butler operated. He also
owned the near-by welding shop in
which Tillman had lost the sight of an
eye. And it was he who, on his way to
open the shop at nine o’clock Wednes-
day morning, December 21st, discovered
that. the filing station had been the
scene of a brutal crime.

Boney notified the police, and soon
city detectives, county officers and mem-
bers of the Sheriff’s staff had arrived.
They made a careful examination and
attempted to find a clue to the mur-
derer who had killed five persons, and
disappeared at least eight hours before
his crime became known.

It was presumed that. James Tillman,
his wife, and their two little girls, Clara
and Leola, had been slain first. The
white cabin was furnished with two

’ beds set about three feet apart. On one
lay the two children, struck to death in
the midst of dreams of Christmas pres-

MASTER DETRCTIVE

ents \
eant |
for th
fill th:

The
the of
young
doll, |
by Cl
come
lay ju
girls }
thoug!
no tor
more |
they }
pectar

O*:

necks
they +
The
a fast
no re:
could
the ‘I
meage
their |
ant.
Aft
slayer
hundr
he had
with
machi!
shop,
small
Ins}
pert «
ment,
prints.
dreds
before
no ho;
killer i
swarm.
within
ness.
Not!
the in
htt
cnew |!
beaten
wesapor
from t!
session.
They
that T
the left
this we
sereen
fired at
on the
wound
that he
But th
death
hunting
side.
struggle
Acco!
ing Cor
s1x to ¢
One ‘
as thou:
probab!
attack.
Ther
most a!
quence

MAY, 194

ib at the
between
f warmth

watch-
destined
tragedy.

gz station
He also
shop in
cht of an
is way to
Wednes-
iscovered
been the

ind soon
nd mem-
arrived.
tion and
the mur-
sons, and
‘rs before

Tillman,
rls, Clara

st. The

vith two
On one
death in

mas pres-

DETECTIVE

ents which were not to be. Their pag-
eant frocks still lay on the chair, waiting
for the little forms which would never
fill them again.

The big doll in the crib was viewed by
the officers with thoughts of their own
youngsters safe at home. It was a cheap
doll, but had been just as highly prized
by Clara and Leola as though it had
come from an expensive toy shop. It
lay just ‘as it had when the two little
girls had kissed it. good-night, with no
thought that for them there would be
ho tomorrow; nor any pageant; nor any
more caresses for the painted doll which
they had put to bed as usual with ex-
pectancy of a morning greeting.

ON the other bed lay the inert forms
of their pareons, around whose
necks they had thrown their arms as

they said good-night the evening before. -

The evidence in the room pointed to
a fast and ferocious killer, who slew for
no reason that was apparent. Robbery
could scarcely have been the motive, for
the Tillmans were destitute and their
meager home would have proclaimed
their pitiful plight to the most unobserv-
ant. .

After leaving the Tillman cabin, the
slayer nxppeared to have walked the
hundred feet to the filling station. Here
he had killed Watchman Thomas Chester
with a shotgun, carried three vending
machines he found there to the welding
shop, and smashed them open for the
small coins they contained.

Inspector R. D. Doney, fingerprint ex-
pert of the Savannah Police Depart-
ment, worked quickly and deftly to find
prints. But the crime had drawn hun-
dreds to the little white cottage, even
before the police arrived, and there was
no hope of segregating the prints of the
killer from those of the curious who had
swarmed in and handled _ everything
within the room with morbid inquisitive-
ness.

Nothing was discovered that enabled
the investigators to construct an exact
pag of what had happened. They

new that the four Tillmans had been
beaten to death with an iron club. The
weapon, found in the brush a few steps
from the cottage, was now in their pos-
session, ;

They knew from the Coroner’s report
that Thomas Chester had been shot in
the left temple with a shotgun, and that
this weapon was missing. A hole in the
screen door indicated that he had been
fired at from the outside. His body lay
on the floor near the door, and the
wound left no other inference than
that he had been killed at close range.
But though the watchman had met
death within the filling. station, his
hunting knife lay on the ground out-
side. There were apparent signs of a
struggle.

According to Dr. L. W. Williams, Act- .

ing Coroner, all five had been dead from
six to eight hours when found.

One of the girls had an arm raised,
as though to ward off a blow. She had
probably awakened at the height of the
attack.

There was nothing more to enable the
most alert-minded to arrange the se-
quence of events during that tragic

May, 1940

Seven unexpected callers entered the sus-
pect’s house, to be greeted by County Offi-
cer Harper (above) and his pistol. When
the eighth man arrived, Harper captured
him single-handed. It was the killer. The
shooting of Tom Chester (left) completed
the night’s work for the multiple slayer

night. with any degree of certainty.

C. H. Boney told his story, but it was
easy to see that some of his questioners
were dubious about its accuracy when
it came to details.

“T drove up to the filling station about
nine o’clock Wednesday morning,” he
told them. “I noticed stains on some of
the cans near the door, then I saw
Tom Chester’s hunting knife lying on
the ground... .

“I ran to call Tillman, who lived in
the cabin back of the station. Getting

no answer, I peeped in the window
and saw a huddled, inert form in a
corner. I ran to Tilson’s filling sta-
tion and told Tilson, ‘They’ve all been
murdered.’ ”’

According to this account of the dis-
covery of the crime, he had not known
of the slaying of Chester when he ran
to Tilson’s and telephoned the county
police. The door of the Tillman cabin
was not locked.

Asked when he had last seen the vic-
tims, he replied that he had talked with

the Tillmans and the watchman between
‘seven-thirty and eight o’clock Tuesday
night. From there he had gone to his
home in Industrial City Gardens, where
he had remained all night with his wife
and children. Ile was detained for fur-
ther questioning and to await develop-
ments.

BAFFLED at every turn, the detec-

tives looked to the lives of the Till-

mans to throw light on the mystery.

They believed that one of the murders

had been premeditated by some one de-

siring revenge, and that the other four
had been incidental to this one.

The Tillman family, they learned, had
played a tragic role in life. Tillman’s
father had been killed in a hunting acci-
dent. His uncle had been slain by an-
other relative.

But what interested investigators more
than the family fatalities, was informa-
tion concerning Mrs. Tillman’s first hus-
band, Counts Zipperer, from whom she
was divorced. Tillman had been the
cause of the Zipperer’s marital trouble.
Zipperer had married Mary Eliza on
June 12th, 1923, and they had had one
child, Mary Lillian. They had separated
in 1920, and he obtained a divoree on
June 11th, 1930. Mrs. Zipperer had
then married James Tillman.

Zipperer was immediately contacted.
He told a straight story, and his alibi
was definite and truthful. He was above
and beyond any suspicion.

Tillman’s life would bear closer scru-
tiny, officers thought.

Then there was Tom Chester. Did his
ast contain the solution to the crime?
he authorities knew that, two months

earlier; hé’ had been attacked while in
the company of a young woman. Per-
haps this slaying was merely the accom-
plishment: of what had before been in-
tended. '

Though he had been severely wounded

Bul

Just inside this doorway,
the body of Tom Chester,
the fifth victim, was
found. Sleuths were un-'
deterred by false leads
as they labored to pene-
trate the veil of mystery

vf
ne §
i
2
,
$
i
j
Hy

meet

at that time, and his car had been
burned, he had refused to comment up-
on the experience. He may have known
his assailant, and felt that the attack
was justifiable. On the other hand, he
may have kept silent solely to protect
his companion.

The crime promised to be the most
baffling ever faced by officers of Chat-
ham County, Georgia. Solicitor General
Samuel A. Cann immediately took an ac-
tive part in the investigation. He tele-
phoned Governor Rivers at Atlanta and
persuaded him to authorize a reward, to
be offered by the State of Georgia, for
the arrest and conviction of the murder-
er or murderers.

He called a conference for the purpose
of uniting the efforts of the various in-
vestigating bodies, and to save duplica-
tion of work. This conference was at-
tended by Chief W. F. Chapman and
Sergeant T. J. Mahoney, of the County
Police; Chief John C, MeCarthy, of
the Savannah detective force, and John
G. Miller, special detective attached to
the Solicitor General’s office.

Mr. Cann announced that confer-
ences would be held daily until “the
worst crime in the history of Georgia
in solved,”

Sheriff William 8S. MacFeeley in-
structed Chief Deputy C. J. Purdy, one
of his best detectives, to devote all his
time to the mystery.

It was the consensus of these officers
that robbery had been incidental to the
commission of the crime. They believed
it was a “grudge” slaying, and that Till-
man had been the chosen victim. The
others had been killed indiscriminately
because the perpetrator was afraid that
he had been recognized.

The theory was advanced that Chester
might have been killed when he inter-
rupted the reckless slayer in the act. of
robbing the vending machines.

The police were worried. The public

was restless. Five persons had been
done to death by a mysterious slayer,
and there seemed little possibility that
any clue would be unearthed to enable
the officers to trace him. What he had
done so callously before, he might do
again. As long as he was at liberty,
everyone in Savannah and its immediate
neighborhood would live in daily fear
for his life.

The only real news was that Inspec-
tor Doney had obtained fingerprints
from the three slot machines which had
been smashed for the small coins they
contained.

Investigators were further encouraged
by the inforrhation that two men had
been feos up in Stilson, Georgia, where
they been found in possession of an
unusually large number of nickels. This
hope of a solution, however, was quickly
dissipated when it was found that their
fingerprints did not check with those
discovered by Inspector Doney on the
slot machines, The two men were re-
leased.

Word was then received from Mrs.
Alice Durbin, of Richmond, Indiana, a
sister of Tillman. She stated that she
had recently visited her brother in Sa-
vannah, and while sho was there ho had
told her that he had been threatened
with a stabbing. She could not recall
whether he had named the person who
had made the threat.

This information was of little value
beyond confirming the authorities’ theory
that Tillman had been the main object
of the attack, ;

A study of ‘the death scene indicated
that the assassin had, in all probability
entered the cabin through the window,
and left by the door.

County Policeman J. J. O’Reilly, who
had been the first officer to arrive at the
cottage, had found the door unlocked,
but no key in it. He later picked up two
keys a few feet from the entrance.
They were skeleton keys, and either
one would turn the tumblers of the
Tillman lock. *° ;

Boney, the ‘owner of the gas station,
was again questioned—not as a suspect,
but because officers hoped that by his
telling the story over and over again,
some little detail might be elicited which
he had forgotten before, and which

.might throw some light on the mystery.

The plan failed,

THE belief that Tillman had been

slain first was made a certainty by
the report of the Coroner that Chester
had been killed an hour or more after the
others. What manner of man, everyone
wondered, could kill four helpless hu-
man beings and then remain at the
scene? This’ report eliminated — the
theory of summary vengeance. It re-
moved any thoughts of the murders
having been perpetrated during a fury
consequent upon fear of detection. It
brought to the front the question of
motive.

Encouraging news now came from
Macon, Georgia. Chief of Police Ben
T. Watkins of that city notified the
Savannah authorities that his depart-
ment had arrested three young men, who
might have participated in the slaying.
‘These suspects, Chief Watkins said, were

MASTER DETECTIVE

t
&
i‘
t

ot ki bate

i) wo “
‘ ieee

it
Ii

hee

ex-convicts
series of s
Macon ha
the men |
clothes, an:
Savannah «
murders.
Again a
Savannah.
told the in
three men
tion at a
night. Mor
any possib|
fact that \
scene of a
persons we
lated the p
the three n
The fact
occurred 1
register in
Macon, in
Savannah,
ders, and a
sure that \
men in th:
slayings wo
But this
long. The:
telephone |
cials from
prints of :

‘taken and

Chief W.

of the Cha
stook an a

tigation in
as “the wor.
of Georgia
Prison, in
was confine

«lb been
< slayer,
ity that
» enable
' he had
ght do
liberty,
unediate
ily fear

Inspec-
cerprints
ich had
ins. they

ouraged
en had
i, where
m of an
ls. This
quickly
at their
h those
on the
vere re-

n Mrs.
ana, a
hat she
in Sa-
he had
eatened
t recall
on who

» value
‘ theory
object

dicated
vability
vindow,

y, who
at the
locked,
up two
tranee,
either
of the

tation,
uspect,
by his

again,
| which

which
vstery.

i been
aty by
‘hester
ter the
eryone
~s hu-
it’ the
1 the
It re-
iurders
a fury
on. It
ion of

from
‘e Ben
-d the
lepart-
u, who
laying.
l, were

reTive

ex-convicts. All were suspected of a
series of slot machine robberies which
Macon had been experiencing. One of
the men had suspicious stains on his
clothes, and all three admitted being in
Savannah on the night of the multiple
murders.

Again a wave of relief spread through
Savannah. A Mr. E. C. Tipton had
told the investigators that he had seen
three men loitering near the filling sta-
tion at about eleven-thirty Tuesday
night. Moreover, while it could not have
any possible bearing on the crime, the
fact that Macon, Georgia, had been the
scene of a mass murder, in which nine

rsons were mysteriously killed, stimu-

ted the public interest in the arrest of
the three men.

The fact that the earlier crime had
occurred many years before did not
register in the general consciousness.
Macon, in the minds of the residents of
Savannah, was linked with mass mur-
ders, and a large part of the public felt
sure that with the arrest of the three
men in that city, the Tillman-Chester
slayings would be solved.

But this state of affairs did not last
long. There was a rapid exchange of
telephone messages and visits of offi-
cials from the two cities.. The finger-
prints of the three men were finally

‘taken and (Continued on page 60)

Chief W. F. Chapman (circle),
of the Chatham County Police,
stook an active part in the inves-
tigation into what was described
as “the worst crime in the history
of Georgia.”. (Below) Tattnal
Prison, in’ which the killer
was confined awaiting execution

" ~, YS

foe rorrrmanyen

PDP TER ETT NY TINA
beh? ar} A, Sih ds aS

» INGRAM, Nicholas Lee, white, elec. GA® (Cobb) April 7, 1995.

Q
Georgia Executes Man

AP 7 Apr 95 21:37 EDT V0067
Copyright 1995 The Associated Press, All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

JACKSON, Ga. (AP) -- A British-born killer was executed Friday |
night for kidnapping and killing a man in 1983, his electrocution
coming just after a U.S. Supreme Court justice rejected a final
request for a stay. Nicholas Lee Ingram’s impending execution had
triggered a media frenzy in Britain and a torrent of phone calls and
letters -- including one from the archbishop of Canterbury -~- to
prison and parole officials in Georgia.

Ingram, 31, was convicted of murdering J.C. Sawyer, who was robbed
of $60, tied to a tree and shot near his home in Marietta, north of
Atlanta. His wife also was shot but survived and identified Ingram as
the killer.

Ingram, who holds dual citizenship, was born in England in 1963 to
a British mother and American father. The family moved to Georgia a
year later.

Ingram’s mother has strongly supported her son’s appeals and asked
the British government to intervene. But Prime Minister John Major,
visiting Washington, D.C,, this week, declined.

In permitting the execution, U.S. Supreme Court Justice Anthony
Kennedy upheld the U.S. llth Circuit Court of Appeals’ rejection of a
three-day stay that had been granted earlier Friday by a federal
judge. In his earlier ruling, U.S. District Judge Horace Ward
rejected Ingram’s appeal in which he claimed he was secretly drugged
during his 1984 trial with an anti-psychotic drug that made him
appear remorseless.

But he granted the three-day stay to allow the 11th Circuit to
review his decision.

The execution was originally scheduled for 7 p.m. Thursday, but
Ward granted a one-day stay an hour beforehand.

Ingram’s head and right leg were shaved to prepare him for the
electric chair. Ward rejected a request by Ingram’s attorney, Clive
Stafford-Smith, to cite the state for contempt for preparing for the
electrocution despite the stay.

"He felt like a sheep that they were shaving for slaughter,"
Stafford-Smith said.

State Attorney General Michael Bowers told the judge that the
steps were taken before prison officials learned of the stay.

Georgia has executed 18 people since the state reinstated the
death penalty in 1983. The last execution was in March 1994.

Items from Compuserve.

AP 7 Apr 95 18:54 EDT vV0975
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

JACKSON, Ga. (AP) -- A federal appeals court vacated a stay of a
British-born killer’s death sentence, clearing the way for the state
to execute him later Friday.

The lith U.S. Circuit Court of Appeals rejected a three-day stay
that had been granted earlier Friday by a federal judge.

The state then set a 9 p.m. execution for Nicholas Lee Ingram, who
faces electrocution in the state prison in Jackson for kidnapping and
killing a man in 1983. However, the the appellate order could still
be taken to the U.S. Supreme Court.

In his earlier ruling, U.S. District Judge Horace Ward rejected
Ingram’s appeal in which he claimed he was secretly drugged during
his 1984 trial with an anti-psychotic drug that made him appear
remorseless.

Ward said Ingram knew he was being given drugs and there was no
evidence he was forced to do so. He also rejected Ingram’s claim he
was incompetent to stand trial because of insanity.

However, Ward granted the three-day stay to allow the 1lith Circuit
to review his decision.

Meanwhile, the U.S. Supreme Court voted 7-2 Friday to reject a
separate appeal that sought to declare electrocution a cruel and
unusual punishment.

Ingram’s attorney, Clive Stafford-Smith, did not immediately
return a phone call seeking comment.

The execution was originally scheduled for 7 p.m. Thursday, but
Ward granted a one-day stay an hour beforehand. The execution order
allows the state to execute Ingram anytime during a one-week period
that began Thursday.

Ingram’s head and right leg were shaved to prepare him for the
electric chair. Ward rejected Stafford-Smith’s request to cite the
state for contempt for preparing for the electrocution despite the
stay.

"He felt like a sheep that they were shaving for slaughter, "
Stafford-Smith said.

State Attorney General Michael Bowers told the judge that the
steps were taken before prison officials learned of the stay.

Ingram, 31, was convicted of murdering J.C. Sawyer, who was
robbed, tied to a tree and shot near his home in Marietta, north of
Atlanta. His wife also was shot, But survived and identified Ingram
as the killer.

Ingram, who holds dual citizenship, was born in England in 1963 to
a British mother and American father. The family moved to Georgia a
year later.

The impending execution triggered a media frenzy in Great Britain

and a torrent of phone calls and letters -- including one from the
Archbishop of Canterbury -- to prison and parole officials in
Georgia.

On Thursday, the state Board of Pardons and Parole unanimously
refused to grant clemency.

Ingram’s mother has strangly supported her son’s appeais and asked

the British government to intervene. But Prime Minister John Major
visiting Washington, D.C., this week, declined.

Georgia has executed 18 people since the state reinstated the
death penalty in 1983. The last execution was in March 1994.

AP 7 Apr 95 16:21 EDT V0867
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

JACKSON, Ga. (AP) -- Nicholas Lee Ingram, awaiting execution for
abducting and killing a 55-year-old man, won a three-day stay hours
before he was to die in Georgia’s electric chair.

Ingram’s attorneys argued that he was secretly given an
anti-psychotic drug during his 1984 trial that deprived him of his
emotions and made him appear to be remorseless.

U.S. District Judge Horace Ward refused to grant Ingram a full
hearing on that issue, but granted a stay until Monday to allow the
lith U.S. Circuit Court of Appeals to consider the same issue.

Attorney General Michael Bowers said he would ask a higher court
to overturn the stay and allow the execution.

"I think it’s gone on long enough," Bowers said.

Ingram’s attorney, Clive Stafford-Smith, did not immediately
return a phone call seeking comment. ©

Ingram, 31, was an hour from execution Thursday evening when Ward
granted a one-day stay to consider the request for a new trial.

The execution order allows the state to execute Ingram anytime
during a one-week period, which began Thursday.

The state Supreme Court had rejected the appeal earlier Thursday.

Ingram was sentenced to death for abducting J.C. Sawyer from his
suburban Atlanta home in 1983, robbing him of $60, tying him to a
tree and shooting him in the head. He also shot Sawyer’s wife, who
survived and identified Ingram as the killer.

The case has drawn intense scrutiny in Britain, which effectively
outlawed capital punishment in 1965, although it’s still on the books
for treason. Many Britons, including the archbishop of Canterbury,
have pleaded for leniency.

"They believe the death penalty is a barbaric act," state parole
board spokesman Mike Light said. "They say the death penalty is a
ritual that has no place in the 20th century."

The archbishop of Canterbury, George Carey, said Thursday he sent
a letter to the parole board noting that Ingram already spent some 12
years “suffering the mental and spiritual anguish of anticipating his
execution."

"Show mercy and commute the death penalty to a sentence which
offers eventual hope of fresh life and rehabilitation," Carey wrote.

The parole board unanimously refused to grant clemency Thursday.

"This board pays great credence to victims of crime," said board
Chairman Wayne Garner, who held an unprecedented death-row meeting
with Ingram on Wednesday night.

Ingram, who holds dual citizenship, was born in Cambridge,
England, to a British mother and American father. The family moved to
Georgia a year later.

Ingram’s mother asked the British government to intervene, but
Prime Minister John Major declined.

The board has commuted six death sentences since Georgia resumed
executions in 1983. Eighteen people have been executed since, the
last on March 31, 1994.

were a

22 SOUTHEASTERN -2nd~ 499 (See; «lso supposed to have gove to Us Se Se Ce

RWIN, Isaac, white, born 4/3 0/1912, electrocuted Georgia et Prison
(Bibb County) on January 1.944,

"The bodies of Mr. and Mrs. J. Ne Perdue, ebout 60, well-known retired couple}
were found brutally slashed and shot in daar home. LO miles southwest of Ma-
con at 5:30 pem. yesterday. The gruesome discovery was made by W. VW. Land,
2665 rene Napier Avenue, tra veling salesman, after he could not rouse
anyone within. He called Zounty officers, 1 ho. vent to the scene at once
and found first Mrs, Perdue lying in a pool of blood in her bedroom. Her
nightgown was tattered and nearly torn from her person. One of her arms
was broken, and she was both shot and cut. In the kitchen of the home offi-
cers founé "Mr. Perdue, cut and shot as well. He was clothed however, ex-
cept for his shoes. These were found in the bedroom where his wife was
found,
"The house was in disorfler, drawers. had been ransacked and chairs were over-
turned. Officers. last night attributed the attack to robbery. Mr« Perdue
was known to have carried considérable money on his person and it was
generally supposed that he had considerable hidden about the house. Some
was found by officers last night. Doctors who viewed the bodies last night
estimated the two had been dead from 24 to 36 NOUS « No clue as to the
ree ong orshayers had been found when the bodies, were brought to Hart's Mor-
vary here. However, all officers retured to the scene unfer order to "keep
“ it’ uhtil they. found something.! .
"The investigation was. being conducted by Officers We Ge Waldron, Ow Re
Stokes, J. Co. Calhoun, ™. hey Robinson and W..R. Rogers and 01 L. Harris. T.
H. Chapman, coroner, who was: present during “the investigation, said an ingues
would be deferred pending fgecher investigation, Mr. and Mrs: Perdue vere
recognized’ as’a 'fairly well-tod-do couple. At one time he was honored as
(Bibb County's Champion:Farmer.'. They had formerly farmed on the Columbus
road, but. had sold this place and had purchased. what was known as the-C,..T.
Young place,2 miles from Jackson's Mill in the Skipperton area.» Both were
members. of theBaptist Tabernacle here. Funeral arrangements were not com-
plete last night. Mr. Perdue is survived by a brother, Ben Perdue, of
Warren} Ga, and other relatives. Questioning of neighbors last night
failed to reveal anything other than that one person had- heard a car speed
away from the house about 2 or 3 o'clock Sunday morning, Officers felt this
might. have been the &ime of the attack," MACON TE tLEGRAPH , haba Gae, Feb.
35 1941 (1/12)

"Just22 hours after the bodies of Mr. and Mrs. John Nick Perdue were founé
in a farm home in southwest Bibb. County, deputy sheriffs Tuesday afternoon
arrested two men as suspects, The men were listed as Bill Patrick Grace and
Isaac Irwin, of Route 1, Lisella, new. neighbors of the Perdues,. Grace pur-
chased his farm from it. Perdue in _December, and Irwin was employed on the
Grace farm. Grace, and his wife and 5 children came ffom Oklahoma
while Irwin, 29 J-year- mee bachelor, hails from Kentucky. Deputy Sherif? Os-=
car Harris ’ veteran officer who directed the entire staff of deputies in the
night and day manhunt, said that neither man asked why he was being arrested.
"Th the Bibb County jail last night the two men told a MACON TELEGRAPH re-
porter they had not been informed of the charge against them. Irwin and
Grace both proclaimed innocence of any crime. Although the killers of the
Perdues had a 24 or 36 hour start on the deputies, Deputy Sheriff Harris
said the officers had enough evidence to pin the crime on Irwin and Grace,
The Perdues, 60-year-old couple, were last seen alive Saturday afternoon.
Physicians taid the man and woman were shot three times each some time Sun-
daye Condition of their bodies indicated the aged man and woman had been
beaten or tortured before they were slain and their home ransacked, officers
sserted. Mrs. Perdue's arm was broken,
"The sheriff's staff which spent Monday night in the chilly outdoors, and con-
tinued the vigorous manhunt “Tues day morning, made the arrest about 4 p.m.
Tuesdaye The man-hunters divided into 2 groups to stage simultaneous raids
on the homes of Irwin and Grace. The men, however, flere found together in

the swamp. They said they were gathering wood, according to Mr. Harris,
Stating that robbery was obviously the motive of the slaying, Harris said
officers are continuing the investigation to determine how much money was
taken from Mr. Perdue, once Bibb County's champion farmer, and to try to
recover the money. The gun used in the double slaying also is being kunted.
"Pending gathering of other evidence, Mr. Harris declined to tell the entire
story of the invesgation, which he contends solves one of Bibb County's most
brutal .crimrs in record time. An administrator for the Perdue estate was
named Tuesday afternoon by Judge Walter Cc. Stevens, Bibb County Ordinary, at
the request of Mr. Perdue's brother, Ben Purdue, of Warrenton. R. C. Camp-
bell of Macon, was appointed. Taking part in the investigation were the
following officers: WV. G. Waldron, 0. R. Stokes, J. C. Calhoun, W. L. Robert-
son, John Gibson, and VW. R. Rogers.

"Puneral services for Mr. end Mrs. Perdue will be held in the .chapel of Hart's
Mortuary at 1 pem. Wednesday. The Rev. A. C, Baker, pastor of the Baptist
Tabernacle, of which they were members, will officiate and burial will be at
Norwood, Ga.v,y with services there at 4 pam. Mr. Perdue was born in Warren

Cosy Gaeg Feb. 22, 1884, the son of John T. Perdue and Mrs. Mery Cornelia
pax Pate Perdue, and with his wife had made his home near Macon for 22
yearse He is survived. by a brother, Ben Perdue, Warrenton; three sisters,
Mrse Re Ge Thomason, Decatur; Mrs. V. Le Cooper and Mrs. Ne. A. Shumate,
Warrenton, and several nieces and nephews. Mrs. Perdue, the former Miss Lieu
Williams, was born at Glover, Ala., June 6, 1881, the daughter of Frank
Williams and Mrs, Mary Jane Walker Williams, She is survived by four sisters,
lirse De He White, Thomasville, Alas; Mrs, Lillie McCoy, Mrs, P. He Midkiff

and Mrs», We M. Heard, of Mobile, Alas; two brothers, H. B. Williams, Birming-
ham3, Birt Williams, Thomasville, Ala," MACON TELEGRAPH, Macon » Gey Feb.

4, 1941 (1+2&3) Photograph on page one of Irwin & Grace, with deputies.

"The body. of' Isaae Irwin, who died, in the electrié chair at' Tatnall Prison
yesterday for the slaying of John N. Perdue,’ Bibb County farmer, lay un-
claimed in the prison morgue. Irwin failed to make an expected statement,
implicating others in the double slaying of Mr. and Mrs. Perdue...He was
convicted and sentenced to die only for the murder of Mr. Perdue, According
to Warden, H. Re Duvall of Tatnall, Irwin's only statement when he was strapped
into the chair was: "My sins have been forgiven and I do not have: anything to
Say against anybodys' Irwin was first convicted here in February of 1942,
after, confessing. the, shooting of the agéd' couple and claiming self defense,
The execution yesterday terminated a 2-year legal battlewhich saw the case
appealed to the U. S. Supreme Court. Irwin repudiated his tonfession and
pleaded innocence of the crime as late as Thursday night. He had once
before been sent to Tatnallbut. filed a habeas corpus motion in City court
there which delayed the scheduled execution, His head clean-shaven, Irwin
was led Brom his cell by Warden Duvall, accompanied by Prison Chaplain

C. Ps. Watsoh and Father Robert Brennan, Catholic priest, from Savannah. The
prisoner had been baptized into the Catholic church by Bather Brennan and
spent most of his last hours in prayer. Much of his earlier nervousness

had disappeared and the prisoner wags calm as he was léd-to the chair, Four-
teen men watched Irwin as the switch was pulled. He was pronounced dead
at-12235 pee ‘

Native of Carter County, Kentucky

[Mme D ofan faale, May 4, 2001, pg 3]
Ne

yee «NATION Se

@ ALDAY CASE APPEAL: VAL-
DOSTA, Ga. — Carl Isaacs, who mas-

terminded the 1973 murders of six ’

members of the Alday family in Don-
alsonville, has won the right to
{o)
appeal his death sentence to the 11th
U.S. Circuit Court of Appeals.
U.S. District Judge Louis Sands
reeq Wednesday to aliow the
ppeal,*saying that his decision last
vont to block the appeal might be
considered “debatable.”

In his appeal request, Isaacs
claimed his rights were ‘iolated dur-
ing a 1988 retrial # in Houston County
Superior Court. That jury gave him

he death sentence for his role in
«illing members of the Ned Alday
family. It remains one of Georgia’s
most haunting murder cases.

ihe Aldays were farmers in
southwest Georgia’s Seminole Coun-
tv. Five men were shot to death as
they arrived home for lunch. Mary
Alday, the wife of one of the victims,
was raped and killed later.

Isaacs and two co-defendants,
George Dungee and Wayne Cole-
man, received death sentences in
i974. But a federal appeals court
overturned their convictions later,
saving they couldn’t get fair trials in
Seminole County because of publici-
tv surrounding the case.

All but Isaacs had their sentences
reduced to life imprisonment during
the retrials.

@ TODAY IN HISTORY: Today is
Friday, May 4, the 124th day of 2001.
There are 241 days left in the year.

Today’s Highlight in History:

On May 4, 1970, Ohio National
Guardsmen opened fire on anti-war
protesters at Kent State University,
killing four students and wounding

_ nine others.

On this date:

In 1626, Dutch explorer Peter
Minuit landed on present-day Man- ,
hattan Island.

In 1776, Rhode Island declared its
freedom from England, two months
before the Declaration of Indepen-
dence was adopted.

In 1886, at Haymarket Square in
Chicago, a labor demonsiration for
an eight-hour work day turned into

a riot when a bomb exploded. F

In 1927, the Academy of Motion
Picture Arts and Sciences was
founded.

Getting it right

The Dotnan Eagle strives to
make sure content in the newspa-
per is accurate and factual. When
| The Eagle learns that it has made
an error, it is our policy to correct
the mistake promptly. To report
an error, please call the city desk

Sunshine and
' some clouds.

Clouds and sun; it
may shower,
t-storm. - |

World Cities

City Hi
Athens: 03... Th, SB
Beijing. ss 79 Ba
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Caito 95 4, os eas

Hong Kong —- 80

Jerusalem 73 51 s 83 56 s Tokyo
London =—_i(gs«SS4A 3B. pC. 52 36 pe =—-: Warrsa
Manila... 94.75 pe. 98 76-pc Zurich
National Cities Nat

Today Tom. en

City Hi

Atlanta
Atlantic City.
Boston
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PS edeciniga
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Des Moines 64
Detroit
EFPaso:
Fairbanks: **
Honolulu

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Seattle _

Lo W Hi Lo W

67 sh 82 G7 s

46 sh 69 46 pc Shown
sh

Mod

A Gift Th

By The Associated Press
DONALSONVILLE — Fit-

_teen years since six members of

the Alday family were murdered
on their farm, shock has turned
to bitter impatience as retrials
of three defendants threaten to

take the case into the next .

decade. .
The retrials,, ordered despite
what. a federal court called ob-
vious guilt, have burdened tiny,
rural Seminole County.
Tucked into Georgia’s
southwest corner and with just

9,500 people, Seminole County.

has about $1 million a year to
spend. The'cost of the appeals is.
expected’ to exceed $600;000.
Other counties are holding the

retrials, but they send their bills-

to Seminole, the site of the

- murders.

The second retrial, of Wayne
Coleman, 41, starts Monday in:
Decatur.

Judicial juggling replaced

questions: of guilt or innocence

years ago, and that.rankles here,
where concepts of right. and
wrong are’ stark and pure.

Ned Alday, 62, his brother

' Aubrey, 57, and sons J erry, 35,

Jimmy, 30, and Chester; 25,
were: shot. to death: in Jerry’s’

_ trailer as: they arrived singly: or

m pairs May 14, 1973. Jerry’s

wife, Mary, 26, was raped there,

driven: to a field six miles away,

_ raped and’ sodomized again and

shot twice inthe back.
Their: graves, marked by a

$20,000: black marble slab, lie

Alday retrial

near a cedar tree planted more
than a century ago at Spring
Hill Baptist Church by Isaac
Alday. -

An. irrigation: well. stands on

the site of the trailer 12: miles

from Donalsonville. ©

But faded: ‘““Remember The

_. Aldays” stickers remain on a
few: vehicles, and in the local —
courthouse is a cartoon depic-

S may go into 3rd decade

_ Alday family until’ (the: killers

ting the appellate judges who}
overturned the convictions as’
the Three Stooges. “Remember®

them in May: during ‘Respect).

For. Law Week,’ reads the;
caption..
“There won’t be justice for the#

all fry,” said Eddie Gail, nursing
a soft drink at the:local pool hall
See TRIALS, Page 3A ;

i
——

HULSEY, W. & F.

Pye, Fane OE ee

waster i Malar hate.
a Ll folate yer ast. ad Zt tthddiihes he Pratingita nde Lad

Day Lf claig i A OT OT, WE Pon free

eH cent nance ar Cian Figa ates
Atqicetid | SOG plisee tn pooh PO PRP
Be “PO aes Lp Zhe gle ce ae Sele tgs

“

oA oye nig lbtaiyag esi} id!

270 Ga.

CLEVELAND et al. v. CLEVELAND,
No. 8128.

Supreme Court of Georgia.
June 10, 1931.

Syllabus by Editorial Staff.

New trial G=71.

New trial on general grounds held proper-
ly overruled, where conflicting evidence au-
thorized finding for prevailing party.

Error from Superior Court, Floyd County ;
James Maddox, Judge.

Petition by D,. I’. Cleveland to probate will
in which W. O. Cleveland and others filed a
caveat. Judgment for propounder, and cave-
ators bring error.

Affirmed.

A will was offered for probate in solemn
form in the court of ordinary of Floyd county
by D. F. Cleveland. A caveat was filed by W.
O. Cleyeland et al. Upon hearing evidence, the
ordinary of Floyd county sustained the first
ground of the caveat, viz., that the testator
was a resident of Volk county at the time
of his death, and that the court of ordi-
nary of Polk county had jurisdiction in the
mutter of probating the will. Other grounds
of the cayeat were not passed upon, and the
petition to probate the will was dismissed,
The propounder appealed. Upon the trial of
the ease in the superior court of Floyd coun-
ty, the appeal was sustained, the jury find-
ing that the court of ordinary of Floyd coun-
ty had jurisdiction to probate the will, The
caveators filed a motion for new trial on the
general grounds and special grounds based
upon certain alleged errors in the charge of
the court as given, and refusals to give in
charge certain requested instructions. The
motion was overruled, and the caveators ex-
cepted,

Cc. C. Bunn, of Cedartown, and Maddox,
Matthews & Owens, of Rome, for plaintiffs in
error.

Porter & Mebane, of Rome, for defendant
in error.

Syllabus Opinion by the Court.

IIL, J.

1. The only issue submitted to the jury
was whether B. FE. Cleveland, at the time of
his death, was a resident of Volk county or
of Floyd county. The evidence on this is-
sue was contlicting, but was suflicient to au-
thorize the jury to find that at the time of
his death B. F. Cleveland was a resident of
Floyd county. The court did not err in over-

159 SOUTH EASTERN REPORTER

ruling the motion for a new trial on the gen-
eral grounds.

2. The excerpts from the charge of the
court, in view of the general charge, show
no error. Neither does the refusal to charge
as requested show error.

3. The court did not err in overruling the
motion for new trial.

Judgment affirmed.

All the Justices concur,

HULSEY et al. v. STATE.
No. 8036.

Supreme Court of Georgia,
June 10, 1931.

1. Criminal law ©603(5).

Refusal of continuance, based on affida-
vits of publie excitement containing matters
of opinion, held not abuse of discretion.

Syllabus by the Court.

The sworn allegations of public excite-
ment set forth in the motion for continu-
ance were matters of opinion, and did not
demand a finding that there was such pub-
lie excitement, as rendered it impossible
to afford the defendants a fair trial.
There was no abuse of diseretion in re-
fusing a continuance on the alleged ground
of publie excitement.

2. Criminal law @=590(1), 1151.

Time for preparing for trial is within
trial judge's discretion, which will not be in-
terfered with unless abused; refusal of con-
tinuance for insuflicient time to prepare de-
fense in murder prosecution held not abuse of
discretion.

Syllabus by the Court.

This ground of the motion for a con-
tinuanece comes within the general rule
that the time to be allowed counsel to pre-
pare for trial is in the sound discretion
of the trial judge, and his diseretion will
not be interfered with by this court unless
abused. Under the facts, there was no
abuse of discretion in this instance.

3. Criminal law C590(2).

Refusal of continuance, because defend-
ant’s counsel was required to appear before
court of appeals three days after case was
set for trial, held not abuse of discretion.

Syllabus by the Court.

There was no abuse of discretion in
overruling the third ground of the motion

—————

For other cases sce same topic and KE Y-NUMBER in all Key-Numbered Digests and Indexes

HULSEY v. STATE Ga. O71
159 S.E. E

for a continuance, as dealt with in the
corresponding division of the opinion.

4. Jury 63, 67(1).

Array of jurors held not subject to chal-
lenge because caption of list referred to ad-
journed term rather than special term; ar-
ray of jurors held not subject to challenge
because jurors were summoned by mail less
than ten days before special term (Pen. Code
1910, §§ 796, 827, S56).

Syllabus by the Court.

The judge did not err in overruling the
challenge to the array.

5. Criminal law €=730(14).

Prosecuting attorney’s reference to large
number of people attending trial, expecting to
see Jury do justice, held improper, but refusal
of mistrial was not error, where withdrawn
with instruction to disregard.

¥
SyMabus by the Court.

The remarks of the attorney were im-
proper; but in view of their withdrawal,
and the apology of the attorney and the
remarks of the court, there was no error
in refusing to grant a mistrial.

6. Criminal law @=730(14).

Refusal of mistrial, because of prosecut-
Ing attorney’s erroneous reference to invalid
child of deceased, held not error, where re-
marks were withdrawn with instruction to
disregard,

Syllabus by the Court.
There was no error in overruling the
second motion for a mistrial, as dealt with
in the sixth division of the opinion.

7. Verdict held supported by evidence.

Syllabus by the Court.
The evidence was sufficient to sustain
the verdict against both defendants, and
there was no error in refusing a new trial.

-Error from Superior Court, Polk County;
Price Edwards, Judge.

William Hulsey and another were convicted
for murder, and they bring error.

Affirmed,

Wm. G, MeRae, of Atlanta, for plaintiffs in
error,

g, W. Ragsdale, Sol. Gen., of Dallas, Geo.
M. Napier, Atty. Gen., and T. R. Gress, Asst.
Atty. Gen,, for the State.

ATKINSON, J,

Mn the afternoon of June 18, 1930, Lige
Worper, Ernest McCullough, and Clifford

———

Jones were killed by pistol shots in Polk coun-
ty near the residence of William Hulsey.
During the ensuing night their bodies were
carried in a wagon to a secluded place sey-
eral miles away, and cast head foremost into
an abandoned well. On the following day
the bodies were discovered, and a coroner’s
inquest was held. William Hulsey, his two
married sons Fred and Ray, his son-in-law
Tom Hicks, and L, E. McCullough were ar-
rested and confined in jail, the two first nam-
ed in an adjoining county. The next regular
term of court would convene on the fourth
Monday in August. On June 22, an attorney
was called by telephone from Atlanta, At a
conference then held it was agreed that the
attorney would represent William and Fred
Ilulsey if an indictment should be found
against them. Theattorney stated at the time
that he thought that if an indictment should
be found against them it would be the regular
August term. On July 3, the attorney went
again to the Hulseys, at which time they in-
formed him “there was no use employing a
lawyer and paying him unless there was a
bill found against them.” On July 5, the
judge called a special term of court to con-
vene July 14, “for the trial of criminal busi-
ness,” and ordered the grand jury “sworn and
serving at the February term, 1930,” to re-
convene on July 11 “for the disposition of
such business as may come before them.” On
the same day the judge wrote to the attor-
ney, informing him of the call of the special
term, and stated: “If you so desire, I can
have the prisoners here on Saturday the 12th.
inst., so that the case may be formally sound-
ed. You will be given all assistance at that
time to have witnesses present on Monday
following.” The attorney was finally em-
ployed, and was paid his fee on Friday, July
11. When the grand jury reconvened, three
true bills were returned on July 11, against
William and Fred Hulsey, charging them
jointly with the separate murders of Harper,
McCullough, and Jones. The case for mur-
der of Jones was ealled for trial on July 14,
and the defendants filed their motion for a
continuance to the regular August term. The
motion was overruled, and the defendants
excepted pendente lite. When the panel of
jurors, from which a jury was to be selected,
was about to be put upon the defendants, they
filed a challenge to the array. This was over-
ruled, and the defendants again excepted pen-
dente lite. On the trial they were both con-
victed and given the death penalty. Their
motion for a new trial on general and special
grounds was overruled, and they excepted, as-
signing error on that ruling, and on the rul-
ings excepted to pendente lite.

{1] 1. The grounds of the motion for a con-
tinuance were positively sworn to by both of
the defendants. In one of these it was al-
leged substantially: “There is prevalent in

For other casea see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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"Will Myers, a negro well known to the police, is being held..eon the charge of murder
following the killing of J. H. Moore, prominent wood and coal dealer, at the latter's
office, 329 McDaniel Street, early Tuesday night. <The arrest of Myers followkd in-
formation given the detective department by Frank Hughes, a negro coal wagon driver

in the employ of Mr. Moore. According to Setective Chief Lanford, Hughes claims to
have seen Myers running from the coal and wood officé immediately after the shot was
fired. Hughes is being detained as a material witness. George and Boysie Hemp- . ©
hill, two negro boys living et 227 Smith St., told the police Wednesday afternoon ~

‘that they saw the negro who fired the shot that killed Mr. Moore, and were standing

only a few feet from the assassin at the time. The police will let them see Myers
end identify him, if possible, as the man who did the shooting. Mr. Moore died
immediately after he was shot. Jt was while Mr.: Moore wes talking over the telephone
to his wife, who was at her home, 27 Georgia Avenue, that the assassin slipped into
the office and fired one shot into the back of the coal dealer. One shot was enough.
Mr. Moore fell to the floor. Persons in the neighborhood, hearing. the shot, hurried
to the coal office. Mr. and Mrs. W. J. Rutledge, who live across the street, saw the
negro assassin run in the direction of Georgia Avenue. Mrs. Moore is prostrated

at her home. She said Wednesday that she had celled her husband at his office
Tuesdsy evening to ask her to accompany her to the home of a relative, where there
had been a recent death. 'I ‘knew something hed happened to Mr. Moore, when his con-

_Wersation was so suddenly cut off,' said Mrs. Moore. 'He néver had ended a tele-
phone conversation with me without telling me “goodbye.'t! The police suspected soon

after the murder thet Myers in some way was implicated. They knew he hed a bad
reputetion and thet he lived in the ne&ehborhood. Myers was first taken into custody
and Hughes and Calvin Mathis, the latter a brother-in-law of Myers, were later -
arrested. Myers recently compledted e thirty-dey stockade sentence. +t is said that
he at one time served a chaingang sentence for ‘shooting a man, Myers never worked for

Mr. Mooer. Hughes had been employed by him for several: months. Mrs. Moore was in-

formed a few moments efter the tragedy.t Accompanied by her 13-year-old son Alvin, she

hurried in an auto to the coal and wood office. -her arrival was a few minutes too

late, however, as her husband already had breathed his last. Mr. Rutledge declared >

, that he had obsérved a negro lounging im'the shade of trees opposite the coal and
wood office and thet he later saw the negro steal quietly across the street and into

the office...eThe bullet which killed Mr. Moore entered his back between the ‘shoulders,
went through the body and ranged upwerd, coming out of the meck. Only one shot was
fired. A search of Myers' home by the police Tuesday night resulted in the discov-
ery of a revolver, believed to have been *the one used. One of the bullets hed been
fired. The revolver was wrapped in a Bhirt. Mr. Moder entered in the coal and woo d
‘business about twelve years ago and his rise in that business had been steady. He
was highly respected in business, social and fraternal circles. He was one of the —
founders of the Lebanon Mesonic Lodge, No. 655, and was one of the most conspicuous
Mesons in the county. Mr. Moore was WRX#8KEE }\2 years old. He is survived by his
wif and son Alvins a daughter, Helen, age six years, and two sisters, Mrs. We T. ¢ :
Watkins and Mrs. W. O. Miller...Burial will be in the Wést View Cemetery." JOURNAL
Atlante, Ga., October lh, 1916, page one, column three. Photograph of Mooree

'
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a
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272 = Ga,

this county a degree of excitement against
these defendants, as a result of the extraordi-
nary circumstances surrounding the killing of
the deceased and Lige Harper and Ernest
McCullough at the same time, which renders
it unsafe for these defendants to go to trial
at this term of court. * * * The killing
of these three persons aroused such extraor-
dinary excitement in the minds of the people
of this county that it influenced the calling
of this special term of this court and the
recalling of the February term grand jury
within a few days after said homicides were
comnnitted, for the sole main purpose of plae-
ing these defendants and the other persons
charged with said killings upon immediate
trial before said excitement should have an
opportunity to subside. * * * ‘Phe regu-
lar semi-annual term of this court would
have convened by Jaw on the fourth Monday
in August, 1930, just six weeks after this
term convened, and * * * the trial of
these defendants on this indictment at that
term would * * * serve the ends of jus-
tice, * * * Tt is unfair to these defend-
ants to require them to stand trial on said in-
dictment at this term, called and held withn
twenty-six days after said homicides were
committed, while popular excitement agninst
them is extraordinarily great, and at a time
when such popular excitement is” likely
* * * to cause these defendants to be con-
victed by a jury of citizens who have become
prejudiced against these defendants as a re-
sult of widespread public discussions of the
alleged circumstances of the killings in the
highways and byways of the county, * * *
A more atrocious crime was never commit-
ted in this county than the killing of these
three persons, * * * The fact that three
men were killed and their bodies hidden in an
abandoned well would have created sueh an
extraordinary degree of public excitement is
self-evident, and that such excitement should
be against these defendants because of their
association with the three deceased persons
immediately preceding their death was a fore-
gone conclusion in view of the attendant cir-
cumstances involving liquor, home-brew and
gambling, the shooting of these men from the
rear, and the use of one of these defendants’
wagon in disposing of the bodies. Defend-
ants offer, as evidence of the extraordinary
public excitement against them which makes
it unsafe for them to go to trial at this term
of court, certain news items and editorials
which were published and widely cireulated
throughout this county by the Rockmart
News, Rockmart, Georgia, a weekly news-
paper published near the scene of the homi-
cides, as follows: news article entitled ‘Three
Mutilated Bodies Found in Well,’ published
and circulated * * *® on the 19th day of
June, 1930; also news article entitled ‘Five
Under Arrest’ said news article having been
published and circulated * * * on the

159 SOUTIT EASTERN REPORTER

26th day of June, 1930; also an editorial en-
titled ‘Menace,’ said editorial having been
published and circulated * * * on the
26th day of June, 1930; and an editorial en-
titled ‘Why, Of Course’ * * * — said edl-
torial having been published and circulated
* * * on the 3rd day of July, 1930. (The
several articles were set out as exhibits to
this ground of the motion to continue.) De-
fendants aver that said news articles contain
matter unjustly harmful and prejudicial to
the defendants, that they are villifying and
untruthful, and the inferences necessarily to
be drawn from them and actually drawn from
them by a large number of citizens of this
county eligible for service upon a jury in this
court would so tend to prejudice them against
these defendants that it is unsafe for them
fo go upon their trial so soon after the com-
mission of said homicides and the inflaming
ef the publie mind against them by said news
articles and editorials, and has made it al-
most impossible for them to secure a fair and
impartial trial on this charge. Defendants
aver that the principles of justice require a
postponement of this trial to the August term,
1930, of this court.”

There was no evidence of the existence of
public excitement other than the sworn. al-
legations of the ground of the motion.

In Maddox y, State, 82 Ga. 581, 79 Am,
Dee. 807, it was said by Jenkins, J.: “It is
alleged that the Court below erred in refusing
to continue, the case, upon the showing made
by the defendant. This showing presents
two causes for continuance, 1st. The recent
commission of the homicide eharged, (less
than two months having elapsed between the
killing and the trial,) and the prevalence of a
degree of excitement in the county, against the
accused, which rendered it unsafe for him
to go to trial at that term of the Court.
* * * This latter requisition, however, was
subsequently abandoned by the Court, and
the continuance on this ground refused upon
the authority of a decision of this Court in
the case of Thompson vy. State, 24 Ga. 297.
(Sce page 803.) In that case this Court held,
that since the passage of the Act of 1856,
providing additional and thorough tests of
the competency of jurors, there was little
danger to be apprehended by those charged
with crime, from unfriendly excitement in
the public mind, and that the existence of
such excitement was not of itself a sufli-
cient showing for a continuance of a criminal
ease. In the case of Thomas y. State, 27th
Georgia Reports, 287, it was ruled, ‘that por
ular excitement alone is not sufficient to pro-
cure the continuance of a cause, except un-
der extraordinary circumstances.’ We are
not prepared to say that the aflidavit of the
accused in this case shows any extraordinary
degree of popular excitement, or any extraor-
dinary circumstances likely to swell that ex-
citement to a height beyond what usually re-

HULSEY v. STATE Ga. 273
159 S.E. oe?

sults from homicide. Nor’can we say that
sad this been the only showing for a con-
tinuanee it should have received the favora-
ule consideration of the Court. In the con-
nection in which it was presented, however,
it was worthy of consideration. In all cases,
In which this cause is superadded to others,
if the Court have a doubt of the sufliciency of
these other causes, this one may very proper-
lv turn the seale in favor of the motion to
continue, even though there be shown no ‘ex-
traordinary’ circumstances. This I under-
stand to be the effect of past rulings on this
subject, and L should be very reluctant to see
the force of such a showing further dimin-
ished.”

In Woolfolk vy. State, 85 Ga. 69 (8), 11 S. FE.
SH, it was held: “With the means afforded
by law for obtaining impartial jurors, public
excitement alone is not a suflicient ground for
continuance, especially where nearly two
yeurs have elapsed since the commission of
the crime.” In the course of the opinion it
was said by Simmons, J.: “There was no error
In refusing to continue the case upon the
cround of public excitement. The record
shows that the crime was committed on Au-
xust G, 1887, The defendant was tried first
at the May term, 1888, and a new trial was
granted by this court in February, 1889;
and he was again placed on trial in June,
Iss0. Nearly two years, therefore, had
elapsed from the commission of the crime,
nearly one year from his former trial, and
about four months from the granting of a
new trial by this court, before he was again
paced on trial, So it scems that if there had
bern public excitement against the accused,
there was sufficient time for it to have cooled
‘«fore this trial. But whether this be true
er not, this court has held, in a number of
eases, that since the passage of the act re-
qwniring jurors to be put upon their voir dire,
and to answer the questions set out in sec-
tion 4682 of the Code, supra, public excitement
alone Is not a suflicient ground for continu-
ance. \This was held in Thompson v. State, 24
fo. 297, in which case McDonald, J., in de-
Nvering the opinion of the court, says: ‘Prior
te the act of 1856, in relation to the qualifica-
tion of jurors to serve on the trial of persons
charged with felonies, this court had inclined
to listen favorably to applications of this
‘ort. Since that time it is impossible that
4A yarty on his trial for such an offense, if he
choose to avail himself of all his legal rights,
can have an unfair trial, unless it be by the
Perjury of persons put upon him as jurors, or
the palpable misconduct of the officers of the
Jaw." In the case of Lovett v. State, 60 Ga.
27, ft was held that ‘with the means afforded
by Inw for obtaining impartial jurors, and for
changing the venue if necessary, the eontin-
vance of a criminal ease on the ground of pop
lar excitement is not essential to a fair trial,
fimvlally after the lapse of more than three

159 S.E.—18

months from the commission of the homicide.’
In the case of Cox vy. State, 64 Ga. 403 [37 Am.
Rep. 76], it is said: ‘With regard to public
excitement and prejudice, we see nothing to
take this case out of the general rule, long
since laid down here authoritatively to the
effect that these have ceased to be cause for
a continuance.’ To the same effect, see Brink-
ley v. State, 54 Ga, 371, Johnson vy, State, 48
Ga. 116, and Maddox vy. State, 32 Ga, 582 [79
Am. Dee. 307].”

In Taylor v. State, 185 Ga. 622, 70 S. FE.
237, it was held: “A continuance will not be
granted simply on the asseveration of the ac-
cused, without any supportive evidence, that
because of public excitement he will not be
able to have a fair trial.” In Biggers vy. State,
171 Ga, 596, 156 S. E, 201, it was held: “There
was no abuse of discretion upon the part of
the court in refusing a change of venue upon
application made therefor, or in refusing a
continuance of the case.” In the opinion it
was said: “The court did not err in overruling
the motions for a change of venue and for a
eontinuance. In passing upon both of these
motions, the court exercised a sound discre-
tion, and it does not appear that that discre-
tion was abused. The publication of the
article in a newspaper of wide circulation in
the county and the state did not require a
finding upon the part of the court that an
impartial jury could not be obtained at the
time of the trial; that is, on November 5, 1929,
a short time after the article in the newspa-
per referred to was published. And it was
not error for the court to refuse to hear evi-
dence offered to show that the former jury
were divided upon the question as to whether
or not the defendant should be recommended
to merey. The jury trying this case were not
concerned with the opinion of the jury that
had passed upon the question of the guilt or
innocence of the defendant at the first trial.
There was no competent proof offered to
show that there was prevailing in the county
such general excitement and prejudice against
the prisoner as would require the case to be
postponed to a subsequent date.’ In the se-
lection of a fair and impartial jury the pris-
oner was protected by his right to peremptory
challenges and to have the statutory voir dire
questions propounded; and, if these were not
suflicient, the prisoner had his right of chal-
lenge to the poll and to have had any jurors
called to try him put upon the court as a trior
and the question of such juror’s competency
and impartiality thoroughly tested.” Viewed
in the light of the foregoing decisions,-the
sworn allegations of public excitement set
forth in the motion for continuance were mat-
ters of opinion, and did not demand a finding
that there was such public excitement, as ren-
dered it impossible to afford the defendants a
fair trial, There was no abuse of discretion
in refusing a continuance on the alleged
ground of public excitement.

*THIMRA ST Ttvess a 8

influences
iore than

success.”
*, perhaps,
his whole
rout. belief

ling leads
it the law,
hat is why
io has re-
us first or
is “beaten
is first ar-

‘ DETECTIVE

rested, returns to his chosen criminal
field, reinforced in the belief that he can
outsmart society. a

Such thoughts must have often filtered
through the mind of Marion Hunter. He
was a murderously inclined fellow, who
came to regard human life as cheap and
of no account, if it stood in his way of
getting a dollar or more without having
to work for it. That is why this story
is being published—to hold this criminal
up as a type for police authorities
everywhere to watch; as an example of
the sort of man who should not be re-

may, 140

leased from prison to prey upon society.

Before he was twenty he was arrested
ona charge of assault with intent to kill.
He was released with no punishment. In
all probability, the court that freed
him could not bring itself to believe
that this man had sufficient motive to
“assault with intent to kill.” It had a
different sense of values from the
defendant, and passed judgment on
its own valuations rather than on
Marion Hunter’s estimates, as it should
have done.

Hunter outsmarted the Jaw in his first
offense, so he who had given society the
best kind of warning as to his murderous
tendencies, was allowed to go free to
provide further examples of his evil na-
ture.

The next time he was called to the
public’s attention was when he was
charged with robbery. Why he didn’t
kill on this occasion is not definitel
known. In all probability, he didn’t
have the chance. He was found guilty,
but served only four years. He was re-

ab i ela

threats of the vigilante men who were dis-
persing caused a heavy guard to be thrown
about the building.

Hox WHO HEARD the cries of the cit-
izens that wanted to lynch him for
his ghastly crimes, gave the police trouble
when they were bringing him to the office
for further questioning.

“Please leave me be,” he cried. But the
strong arms of the Chatham County police-
men dragged him to the chief.

As he entered the room, Chapman was
conversing with several officials. He called
to him, “Don’t let them take me.”

“Shut up and sit down,” Chief Chapman
growled.

The clock on the wall ticked fifteen min-
utes away. Hunter sat there motionless.
In the corner of the room, Chapman con-
ferred with his men in hushed’ tones.
Hunter sat uneasily, his mind in a chaotic
state.

The chief came striding towards the cow-
ering Negro.

“Hunter, we have decided to give you
one more chance to tell the truth, and only
the truth,” he said.

“tT done told the whole story,’ Hunter
mumbled.

“Okay, men, take him to the scene.
Show him the place. Rub his blasted nose
in those blood-soaked beds. Show him the
graves of five innocent peoplé whose lives
were taken by him!”

Hunter’s stoical indifference ended ab-
ruptly. Panic seized him. He held the
chair arms tightly. He shrieked, “Please
don't take me there. I can’t stand it. I'll
tell the true story.”

Chapman knew he had Hunter on the
run. He knew that Hunter was broken.
And he turned coldly to several detectives
and said:

“Take him anyway. Let him re-enact
the crime.”

For the next three hours, Hunter led the
way through the cabin window, where he
found the gun and showed how he mur-
dered the Tillman family. He showed them
how he crept stealthily across the lawn to
the filling station and murdered Tom Ches-
ter. He seized his gun and the vending
machines and went to the welding shop.

The pipe, bloodsoaked and carrying the
brown hair of the children, was used to
pry open the door of the shop.

H® POINTED oUT the tools used in break-
ing the machines. Then, in his scary
way, showed the sleuths how: he ran
through the woods, where he threw. the
pipe, guns and his clothes. He was brought
back to Headquarters to tell his story—on
paper.

Once again, the giant Negro sat in a
chair and told -his story of the murder
night. This time, however, he recited the
tale with such a direct simplicity of con-
viction that every listener but Detective
Harper believed him.

“How about Tom Chester’s pants?”
asked Harper.

“Those pants, you mean the ones you
found in the cabin? I didn’t take them
that night. Some ntonths before I robbed
a cabin and stole them.”

Chief Chapman believed him. “Harper,
he broke into Chester’s cabin some time
ago and slashed him, and then took the
pants with a few dollars in a pocket.”

“That’s right, Chief,” added the con-
fessed killer.

In his second confession, Hunter repu-
diated the part of his being forced to com-
mit those murders by a man who held a
gun to him. His explanation of the mass
murders was that he was on a burglary
expedition.

HE WHEELS OF JUSTICE moved fast. Just

a week later, the Chatham County
Grand Jury indicted Hunter for the mur-
ders. He was brought from the County
Jail and asked to plead. His plea was not
guilty.

County Judge John Rourke, with the
aroused public sentiment against the pris-
oner in mind, ordered special guards around
the defendant’s cell.

“Justice has to be administered by this
Court,” he declared. “Not by angry mobs.
This case has aroused the people of this
County until they are hysterical. It is my
sworn duty to see that justice is given to
this prisoner. I will do just that.”

On the twenty-fourth day of January,
Marion. Hunter was brought into a crowded

WHO KILLED THE PARSON'S DAUGHTER?

An eight-State teletype alarm was broad-
cast for the missing youth, And, on
August twenty-sixth, he was taken into
custody after he had applied to his father,
Harry Schewchuck, a shipyard worker, for
funds.

Schewchuck admitted he had taken a
walk with Wanda on the night she was
slain, but denied that he killed her.

“We were walking along, talking,” he
said. “Suddenly, three men leaped out of
the bushes and grabbed us. She screamed,
but one of the men clapped his hand over
her mouth and threw her to the ground.

“T managed to break away from the two
who were holding me, and escaped. Then,
when I learned that she had been killed, I
became afraid the police would suspect me,
so I ran away. I've been in Chester and
Philadelphia ever since.” s

Further questioning of Schewchuck dis-
closed discrepancies in his story which he
could not satisfactorily explain. Finally,
Doran and his fellow-officers bluntly ac-
cused him of the murder.

Schewchuck broke into tears, insisted
that he had loved Wanda, and that he had
no reason for wishing her harm. Under fur-
ther pressure, he broke down and admitted
killing her, but steadfastly stuck to the

story that he had been forced to do so by
Wanda’s father.

“Te made me do it!” the youth re-
peated over and over. “Te made me do it.
He told me that Wanda was going to have
a baby, and that I was responsible for. it.
He threatened to expose me to the police,
unless I got her out of the way—killed
her!”

Despite their combined efforts the
authorities could not shake this version
of Schewchuck’s tale. Instead, they took
the Reverend Dworecki into custody. And
bit by bit, they built up the motive and
solved what is perhaps the most sordid
crime in New Jersey’s history.

The Reverend Dworecki, it appeared,
first got the notion to kill Wanda for her
insurance money, shortly after her first
abduction in February.

But the pastor did not plan on leaving
his own hands covered by his daughter’s
blood. He cast about him for some can-
didate to do the job for him. He even-
tually selected John Popollo, a middle-
aged Philadelphian, with whom the pastor
had attended out-of-town night resorts
catering to “wine, women and song.”

The pastor, it seemed, flung a wicked
hoof, and entertained women galore.

o stand trial. Counsel was ap-
Court. Less than half a
the selection of a jury.

C. J. Boney, the welder, finder of the
murder carnival, i

took the stand and told the jury
finding of the five bodies in the
cabin and filling station. His gruesome
testimony was corroborated by Patrolman
J. J. O'Reilly and George Tyson.

The prosecutor, in a methodical manner,
then introduced the pipe, two shotguns,
smashed vending machines, and a hat and
coat into evidence. Witnesses testified as
to the part they played in the case which
shocked a nation, Medical and other ex-
pert testimony was offered, and the State
closed their case with the story of the
brilliant Patrolman Harper and the read-
ing of the two confessions.

Defense counsel let the Court record
p with the incriminating evidence
t offering any objection of law or
fact, Their defense was insanity. Profes-
sional witnesses were injected into the de-
fense, and the case was finally given to the
jury by Judge Rourke.

pointed by the
day was used in

NE HOUR LATER, silence gripped the
courtroom as the jury filed in with a
bailiff directing them to their seats.
without any recommendations,”
was the verdict, announced by the stern-
faced foreman.

Judge Rourke quieted an elated court-
room of men and women who had come
from the reaches of the County to see that
justice was done. He called the prisoner g
to stand before the Court.

“T sentence you to- die in the electric
chair of the State Prison. I will announce
Please remove him.”

Marion Hunter had had his last walk
down “Liberty Street.”

the date later.

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Regular subscription price $2.50 per year.
See coupon page 97.

NyHOow, the Reverend Dworecki

pointed out to Popollo that killing
Wanda would be an easy job for him. He
knew Wanda, ha
had attended the movies with him a couple
of times, in spite of the fact that he was
n twice her age.

“Walter (meaning the pastor) begged me
many times to murder Wanda,” Popollo
was to testify later at Dworecki’s trial.
“He called me upstairs at his home and
went into a chest and took out a number
of life insurance policies, He showed
me over $2,000 worth.
he said. ‘Kill her and we
will split this. Just take her out and grab
her by the throat and hold her until she’s
dead. Then I'll give you the $1,000 the next

sag,
opollo said
advised him to

that the minister had also
“make it look like an acci-
Then we can collect double.”

The witness said that he had spurned
Reverend Dworecki’s offer, but that he
had kept urging him, even up until a few
days before Wanda was slain.

“The last time

fifth,” Popollo continued on the witness
stand. “He telephoned me to meet him at
Sixth and Market Streets, in Philadelphia.

in a calm and decisive

From page 21

d her confidence, and she

I saw him was on August

1d.”
suse
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door.

It was Bo Jones, the sweetheart of Jen-
nie Hunter. He was ordered to take a seat
after being properly frisked,

Within the next ten minutes, Harper
greeted at gunpoint, Mandy, the lady next
door; Liza, one of the neighbor’s kids;
Maybelle Porter, the girl friend of Bay-
field, and Lizzie Roberts, who lived in the
cabin and was the sweetheart of Marion
Hunter.

Harper had all his guests lined in the
corner of the room.

“Not a crack out of any of you,” he or-
dered. “I intend to stay here until Marion
Hunter comes. into the cabin.”

Ny HE MOVED OVER to the wall where he
could watch the group and cover the
door, he brushed against a pair of pants
dangling from a coat hook.

He looked at the pants casually and then
noticed writing on the white cloth lining
near the suspender button. Written in in-
delible ink was the name. “Tom Chester.”
Harper’s heart leaped into his throat. He
was on the right track. He had to get
Hunter. Here was_a link, irrefutable, be-
tween Hunter and Chester.

Dead silence gripped the cabin as sounds
of hurrying footsteps, followed by the
creaking of the porch boards, tinkling of
the door latch, and the entry of a tall, well-
knit Negro. ‘

The muzzle of the gun, held cocked in
Harper’s right hand, loomed up before the
latest arrival like a cannon. He stopped
quick. Started to slide back towards the
door which was slightly ajar.

Harper was on his toes. “Stop, Hunter!
or I'll plug you full of holes. Come in
with your hands high!”

Hunter wavered. One more look into
the gun convinced him that the cabin visi-
tor was serious. His hands went high. His
head bowed. He shuffled into the room.
The gun point directed him to a lounge.
He sat down.

Harper turned to his other temporary:

prisoners and said, “Get out of here, all of
you. Keep running until you find a police-
man. Tell him to bring men here to help
me. I ama policeman.”

HERE WAS A MAD Exopus. They went

through doors and windows. One of
them came across a uniformed patrolman
talking to two detectives a block away. He
advised them of their fellow-officer’s plight.
All three ran to the cabin.

Detectives Wiman and Beebe, of the Sa-
vannah Detective Bureau, took Hunter
into custody, while Harper made a minute
search of the cabin for further evidence
linking him to the mass murders.

Hunter and the tell-tale pants, were taken
to the Savannah Police Headquarters
where he was fingerprinted and “booked”
and the Chatham Department notified of
the arrest. .

As he sat there with Harper, the giant
Negro said, “I didn’t do nothing, Mister.
I only got out of the chain gang last Oc-
tober. I don’t want to go back there. I
ain’t foolish.”

Harper looked at his quarry with con-
tempt before answering him. “You're not
going back to a chain gang, Hunter. You're
taking a one-way ride. The electric chair
is your next stop.”

“The electric chair?” he gasped.

Upon the arrival of an official stenog-
rapher, Hunter was taken to an inquiry
room and told to tell his part in the Ches-
ter-Tillman murders.

“T ain't ever heard of what you're talk-
ing about,” he protested.

But one of the sleuths, whose reputa-
tion in the underworld was “a man to be
feared,” came up to Hunter, and while

pounding one hand into the other, shouted:
“Tell the truth, and be quick about it!”

HE NEGRO BECAME SCARED. His nerves

were taut. He kept puffing cigarettes.
His mind was wandering. He tried to keep
his eyes away from the hat and coat which
had been brought into the room and laid
on a chair near him. He slumped weakly
into a chair and agreed to tell his story of
the murders.

Taking a colored handkerchief out of
his back pocket, Hunter wiped away the
heavy beads of perspiration which rolled
down his face. :

“I did it,” he shouted. “But they made
me do it.” :

He was told to quiet down and tell his
story of the killings, and not to forget any
part of it.

He was given a glass of water. He
cleared his throat. Wiped away the sweat
and then began:

“I was walking dowh Route 17, and a
man came running out of the darkness and
pushed a gun into my face. He threatened
to kill me. I pleaded with him. Then he

said I would have to do something for:

him. He handed me a long piece of pipe
and told me to climb in the cabin window
and to take the gun.

“If they woke up, I was to hit them on
the head. I did it because I was scared.
I hit those people. When I came out, I
was shaking and was terribly nervous. He
met me again and told me to take the shot-
gun and to go down to the filling station
and see what was in there.

“When I got down there I seen a man
with a gun in his hand. It was leveled at
me. I let go a wild shot which I think
must have hit him, because he sank to the
floor.

“When I came out of there, the man who
had held the gun to me was gone. I took
the vending machines and brought them
over to the welding shop and forced them
open, and took the money out of the cash
boxes. I think I got about four or five
dollars out of the machines.

“T took the two guns and ran into the
woods and threw them away. My hat and
coat was full of bloodstains and I threw
them away too. Not far from the guns
The pipe I dropped; it was heavy, not far
behind the cabin. I ran home and have
been living in fear ever since.”

He? story wAs transcribed by the
police stenographer and signed by the
confessed killer and_ police witnesses. He
was then released to Patrolman Harper and
Chief Chapman.

On the way back to the Chatham Police
Headquarters, Harper broke the silence
with, “When we get back to our office, you
better tell the real story. I didn’t interrupt
you back there.”

“T told it, honest, I did,” he pleaded.

News of the capture of the mass mur-
derer aroused the countryside, and by the
time the police arrived at Headquarters,
several hundred grim-faced men and wom-
en had gathered there. The cars drove into
the yard as shouts of “Lynch him,” rang
through the night air.

Chief Chapman, realizing the seriousness
of the situation, walked to the front steps
after Hunter had been safely placed in a
cell.

“We have a man who admits the mur-
der,” he told the crowd. “But he cites ex-
traordinary circumstances which led to the
killings. They have to be investigated. I
ask you, in the name of justice, to please
disperse and let us handle the situation.”

The mob fury had been spent with the
chief’s soothing words. They had confi-
dence in him. They respected him. He
was their friend. The mutterings and

hc sb tint

ayy itt

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AY 9

In the presence of De-
tective Sergeant E. A.
Fitzgerald (left), the
man who had callous-
ly snuffed out the lives
of five innocent per-
sons confessed to his
atrocious crime

ECcTIUES

7 LO

HERE is no axiom that influences

the criminal mind more than

“Nothing succeeds like success.”

The lawbreaker may not, perhaps,
put it in just those words, but his whole
career is predicated on his devout belief
in the truth of the saying.

His egotism in the beginning leads
him to believe that he can beat the law,
if he only gets “the breaks.” That is why
the PAROLEE, or the man who has re-
ceived a light sentence for his first or
second offense, or one who has “beaten
the rap” altogether when he is first ar-

MASTER DETECTIVE

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MAY, 194:

Brit Executed in Ga.

THE ASSOCIATED PRESS

Jackson, Ga. — A British-born killer was ex-
ecuted last night for kidnaping and killing a
man in 1983, his electrocution coming just after
a U.S. Supreme Court justice rejected a final re-
' quest for a stay.

Nicholas Lee Ingram’s impending execution
had triggered a media frenzy in Britain and a
torrent of phone calls and letters — including
one from the archbishop of Canterbury — to
prison and parole officials in
Georgia seeking leniency.

Ingram, 31, was convicted of ©
murdering J.C. Sawyer, who
was robbed of $60, tied to a
tree and shot near his home in
Marietta, north of Atlanta. His
wife also was shot, but sur-
vived and identified Ingram as
the killer.

Ingram, who holds dual citi-
zenship, was born in England
in 1963 to a British mother
and American father. The fam-
ily moved to Georgia a year
later.

Ingram’s mother has strong-
ly supported her son’s appeals
and asked the British govern-
ment to intervene. But Prime Minister John

Major, visiting Washington, D.C., this week, de-

clined.

In permitting the execution, U.S. Supreme
Court Justice Anthony Kennedy upheld the U:S.
11th Circuit Court of Appeals’ rejection of a
three-day stay that had been granted earlier yes-
terday by a federal judge.

In his earlier ruling, U.S. District Court Judge
Horace Ward rejected Ingram’s appeal in which
he claimed he was secretly drugged during his

1984 trial with an antipsychotic drug that made
him appear remorseless.

But he granted the three-day stay to allow the
11th Circuit to review his decision.

The execution was originally scheduled for 7
p.m. Thursday, but Ward granted a one-day stay
an hour beforehand.

Ingram’s head and right leg were’ shaved to
prepare him for the electric chair. Ward rejected
a request by Ingram’s attorney, Clive Stafford-

. AP Photo
Nicholas Ingram’s one-day stay headlined British papers yesterday.

Smith, to cite the state for contempt for prepar-
ing for the electrocution despite the stay.

“He felt like a sheep that they were shaving
for’ slaughter,” Stafford-Smith said.

State Attorney General Michael Bowers told
the judge that the steps were taken before pris-
on officials learned of the stay.

Georgia has executed 18 people since the state
reinstated the death penalty in 1983. The last
execution was in March, 1994.

Q/ alyd LYE) fp AU SMa YOK raf

Sa >

although it is still on the books for treason.

An attempt to have the British Parliament request a halt to the
execution was tabled Wednesday. House of Commons member Anne Campbell’
argued that the British government should make it clear that "in this
country, we do consider this to be a barbaric method of execution."

es .

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IRWIN, Isaac, Black, el@rocuted Georgia (Bibb)}gyn January 7, 19hhe. .

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504 Ga. 22 SOUTH EASTERN
Syllabus Opinion by the Court

JENKINS, Justice.

REPORTER, 2d SERIES

ness as to such a continuous practice dur-
ing a period of fifteen years before the
homicide, but including an occasion only

[1] 1. The verdict of guilty of mur- a few weeks previously and a time when

der was authorized by the evidence.

[2] 2. Where the State, in seeking to
show robbery as the motive of a homicide,
relies on proof as to the practice of the
deceased to carry large sums of money on
his person, additional proof of knowledge
by the defendant as to this practice is
necessary; but such evidence need not be
direct, and may be circumstantial by show-
ing an opportunity by the defendant to
know of the practice, provided that the
practice as thus shown be not too remote
in time or place to be relevant to the proved

opportunity and the question of motive.
Marable v. State, 89 Ga. 425, 426, 15 S.E.
453; Thompson v. State, 166 Ga. 758(12),
778, 144 S.E. 301; Westberry v. State,
175 Ga. 115(4), 164 S.E. 905; Sasser v.
State, 129 Ga. 541 (4, 5), 547, 59 S.E.
255; Black v. State, 187 Ga. 136, 138,
199. S.E. 810, and cit.; People v. Thomp-
son, 212 N.Y. 249, 106 N.E. 78, 80

R.A.1915D, 236, Ann.Cas.1915D, 162;
State v. Kelly, 77 Conn. 266, 58 A. 705,

[3] (a) Even if the testimony as to
the habitual carrying by the deceased of
large sums of money on his person at a
time five years before the homicide and
when the defendant apparently was un-
aware of such practice, since he was not
then a resident of the State, was irrele-
vant, still there is no merit in the excep-
tion to the admission of this testimony,
since similar evidence was elicited by
counsel for the defendant on cross-exami-
nation of the same witness, and on the
State’s examination of another witness
without objection. Walthour v. State, 191
Ga. 613(1, b), 615, 13 S.E.2d 659; Moore
v. State, 193 Ga. 877(2, a), 20 S.E.2d 403;
Fluker v. State, 184 Ga. 809(4), 810, 193
S.E. 749, and cit.; Wheeler y. State, 179
Ga. 287, 288, 175 S.E. 540, and cit.; Whit-
ley v. State, 188 Ga. 177(3), 3 S.E.2d
588; Cox v. State, 64 Ga. 374(9), 37 Am.
Rep. 76. Especially is this true where
the court admitted the testimony subject

the defendant lived in the same house
where the deceased then resided, Even
though a portion of this testimony might
have been irrelevant and inadmissible,
since it appears from the evidence that
during most of the fifteen-year period the
defendant apparently could not have been
aware of the practice because of residence
in another State, yet there is no merit in
the exception to the overruling of objec-
tions to the testimony on the grounds
stated, since the objections were made to
the entire testimony, and part of it was
relevant and admissible under the rule
above stated. Knight v. State, 143 Ga.
678(6), 683, 85 S.E. 915; Macon, Dublin
& Savannah R. Co. v. Anchors, 140 Ga.
531, 536, 79 S.E. 153; Robertson v. Cox,
183 Ga. 744(4), 189 S.E. 844. Moreover,
as to this testimony, counsel for the de-
fendant brought out, on cross-examination
of the same witness, almost the same testi-
mony.

(6,7] 4. Ina criminal case the general
charge to the jury should be so shaped as
to present the theories that are involved
under the evidence. Accordingly, where
there is no evidence involving manslaugh-
ter, the fact that such a species of homi-
cide may be involved under the defend-
ant’s statement to the jury would not
necessitate a charge on that subject, in
the absence of a request therefor, provided
the judge calls the attention of the jury
to the statement and charges the law in
regard thereto. Taylor v. State, 131 Ga.
765, 63 S.E. 296; Worthy v. State, 192
Ga. 620, 623, 15 S.E2d 854, and cit.;
Shafer v. State, 191 Ga. 722(3), 13-S:E.
2d 798. Whether or not the rule requir-
ing a charge on the law of manslaughter
if it is involved under the evidence would
have application, where, as here, some of
the State’s evidence consisted of admis-
sions of the homicide by the defendant,
coupled with exculpatory statements in
justification, need not be decided, since un-

to “a motion to rule it out unless the State “et all the evidente, including the proof
connects it up,” and where the record 2S t° such admissions and statements, the
shows no such motion. Black v. State, 187 defendant was either justified as he con-
Ga. 136(2), 199 S.E. 810, and cit.; Moore tended, or else was guilty of murder, as
v. State, supra. the court properly submitted to the jury;
and the court did not err in failing to

[4,5] 3. Like objections were made to charge the law of voluntary manslaughter.
similar testimony en bloc by another wit- Gale y. State, 135 Ga. 351(4), 356, 69 S.

a
iu
Si
e
¥
a

RANDALL v. SIMS te B08
22 S.E.2d 505

FE. 537; Coleman v. State, 121 Ga. 594(9),
601, 49 S.E. 716; Crawford v. State, 125
Ga. 793(2), 796, 54 S.E. 695; Brown v.
State, 144 Ga. 216, 218, 87 S.E. 4; Greer
y. State, 124 Ga. 688, 52 S.E. 884; Morgan
v. State, 108 Ga. 748, 32 S.E. 854; James
vy. State, 123 Ga. 548, 51 S.E. 577; Miller
v. State, 176 Ga. 825(2), 829, 830, 169 S.
E. 33; 4 Warren on Homicide, 444, 447, §
346, and cit.

Judgment affirmed.

All the Justices concur, except HEW-
LETT, J., not participating.

©. © KEY NUMBER SYSTEM

anmse

RANDALL v. SIMS.
No. 14302.

Supreme Court of Georgia.
Oct. 14, 1942.

1. Pleading €=362(3)

In proceeding for adjudication that
petitioner was entitled to the whole of
intestate’s estate as the child of intestate
by virtual adoption, allegations in admin-
istratrix’ response that petitioner on her
own application had been appointed tem-
porary administratrix of the estate, quali-
ficd as such, and collected assets and paid
certain debts of the estate therefrom, were
properly stricken on motion.

2. Adoption G21 ;

That one claiming to be a child of in-
testate had on her own application been
appointed temporary administratrix of his
estate, qualified as such, and collected as-
sets and paid certain debts of the estate
therefrom, did not “estop” her from as-
serting her right to the whole of the
estate as intestate’s child by virtual adop-
tion.

See Words and Phrases, Permanent

Fdition, for all other definitions of

“Estop”.

3. Injunction C11

One claiming the whole of intestate’s
estate as child of intestate by virtual adop-
tion was not entitled to temporary injunc-
tion restraining administratrix from at-
tempting to eject claimant from intestate’s
former residence, from selling realty of the

22 S.E.2d—324

estate or procuring an order permitting
such sale, or from distributing any portion
of estate in the absence of allegation and
proof that administratrix threatened or
intended to do any of the things sought to
be restrained.

———.>——

Error from Superior Court, Muscogee
County; George C. Palmer, Judge.

Proceeding by Lillian E. Sims against
Elizabeth S. Randall, as administratrix of
the estate of Thomas M. Sims, deceased,
for an adjudication that the petitioner was
the child of decedent by virtual adoption
and entitled to the whole of his estate, and
for an injunction. To review an order re-
straining defendant from selling or ob-
taining an order to sell property of the
estate, from distributing proceeds thereof,
and from interfering with petitioner’s
residence in decedent’s home, defendant
brings error.

Judgment affirmed in part and reversed
in part.

This petition was brought by Lillian E.
Sims against Elizabeth S. Randall as ad-
ministratrix of the estate of Thomas M.
Sims. The petition contained appropriate
allegations to show that the petitioner was
the sole child of Thomas M. Sims by
virtual adoption, and his sole heir at law.
Her prayers were: that the court adjudge,
order, and declare her to be the child of
Sims by virtual adoption, and as such en-
titled to the whole of his estate ; that the
defendant be enjoined from paying out or
distributing any of the personal property
of said estate to any person or persons
claiming to be the legal heirs and dis-

tributees, and from selling, or procuring
from the court of ordinary an order to
sell, any of the realty for the purpose of
such distribution, and from interfering
with petitioner’s living in the home of
Thomas M. Sims, until final hearing or
further order of the court; for order to
show cattse why the prayer should not be
granted; and for general relief. The de-
fendant demurred on the following
grounds: (1) The allegations of the peti-
tion are insufficient to authorize a court
of equity to interfere with the regular ad-
ministration of the estate. (2) The peti-
tion fails to allege any facts which would

authorize or justify a court of equity in
anv of the relief prayed for,

rranting £:
& The

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498 Ga,

as might otherwise be drawn, so that an
equal distribution of the assets might be
had among the remaining heirs; that by
his will W. D. Hay left to his wife a life
estate in his property, and L. E. Hay, the
executor of the will, turned over to the
life tenant the whole of said estate, a
part of which was the indebtedness afore-
said; that A. L. Hay’s indebtedness to
the estate was in excess of $6,250, and
he settled his indebtedness by surrender-
ing to the life tenant his distributive share,
and executed a note to the widow, his
mother, for $3,000; that L. E. Hay died
on December 3, 1932, and Mrs. Hay, the
life tenant, died on December 16, 1935,
and that A, L. Hay is now indebted to
the estate on said note. The proof showed
that A. L. Hay borrowed $6,250; that a
note therefor had been given by him to
his mother, and that he did not have any-
thing coming to him from his father’s
estate. The will of W. D. Hay, dated
August 23, 1902, was in evidence. It
gave a life estate to his widow, the same
after her death to go to his children, share
and share alike. It made no mention of
advancements or debts owed to him by
any one. Testator died in March, 1925,
and the will was probated May 4, 1925.

[1] 1. The demurrer to the answer to
the petition was properly overruled... In
substance it averred that a debt owed by
A. L. Hay to the estate of his father more
than offset what would have been his dis-
tributive share of the remainder estate.
It is not only the right of an exccutor
but his duty to retain from a legacy or
distributive share the amount of any in-
debtedness which may be due to the es-
tate by the legatee or distributee. 24 ON #
§ 1317; 21 Am.Jur., § 450. This is in ac-
cord with elementary principles of justice.
Nicholson v. Serrill, 191 N.C, 96, 131 S.E.
377, 379. The principle was applied in
Lester v. Toole, 20 Ga.App. 381, 93 S.E.
55, in Haley v. Partain, 31 Ga.App. 144,
120 S.E. 14, and in Cox v. Brady, 58 Ga.
App. 498, 199 S.E. 242, and Greenwood v.
Greenwood, 178 Ga. 605, 173 S.E. 858. It
follows that since, as against the legatee
and the exccutor, the executor could prop-
erly apply the amount of the legacy to a
debt owed by the legatee to the estate, a
creditor of a legatee could not by garnish-
ment subject the proceeds of the legacy, in
such a situation, to the payment of a claim
against the Iegatee debtor. Under the
pleadings, there was a debt owing by A,
L. Hay to the estate which would exhaust

22 SOUTH EASTERN REPORTER, 2d SERIES

the amount of his distributive share other-
wise falling to him. This view of the mat-
ter renders it undesirable to discuss the law
of ademption of legacies, and advance-
ments, treated of in the briefs.

[2] All the grounds of special demurrer
have been examined. It would serve no
useful purpose to state them in detail and
to discuss them. The rulings on such of
them as are not controlled by the ruling
made on the general demurrer present no
cause for reversal. They do not affect the
heart of the answer, which is that the
judgment debtor is indebted to the estate
in a larger sum than his distributive share,
as a legatee, amounts to.

[3] 2. The motion for new trial com-
plains of the admission in evidence of tes-
timony of A. L. Hay and L. C. Hay, re-
garding a transaction in 1922 with the
father, W. D. Hay, as to a loan of $6,250
by him to A. L. Hay, over objection that
this was irrelevant and immaterial to the
issues involved, and that it tended to vary
and contradict the terms of the will of
W. D. Hay, which was the law of the
case, the will having provided how the
testator’s estate should be divided; that
this evidence was contrary to the terms
of said will; and that the testimony was
contrary to the pleadings set forth in the
defendant’s answer, and did not conform
thereto, for the reason that the pleadings
referred to and designated said transac-
tion as an advancement, and advancement
could not be set up under the will. In
support of the garnishment answer by the
executor, which set forth that the indebted-
ness of the debtor was greater than his
distributive share, this evidence was not
irrelevant or immaterial. The answer
stated in so many words “that in Septem-
ber, 1922, his father, W. D, Hay, then in
life, loaned him the sum of $6,250.00.”
Nor, for the reason indicated, was it con-
trary to the pleadings, although the an-
swer further averred that said loan was
made with the understanding and agree-
ment that if not repaid before the death
of W. D. Hay, it was to be charged and
considered as an advancement. That aver-
ment was coupled with the further state-
ment that if the amount due on “said loan”
at the time of the death of W. D. Hay
exceeded the value of the defendant’s dis-
tributive share in said estate, then he
should draw no distributive share. The
objection also was that this testimony tend-
ed to vary and contradict the terms of

IRWIN v.

STATE - Ga, 499

22 S.E.2d 499

the will, that instrument making no men-
tion of advancements. The argument on
this point is that since it is only in cases
of intestacy that parties can.claim advance-
ments or be compelled to account for them
(Robinson v. Ramsey, 161 Ga. 1, 129 S.E.
837), and whether money transferred by
a parent to his child, and accepted, is to
be treated as an advancement depends upon
the intention of the parent at the time
of the transaction (Barron v. Barron, 181
Ga. 505, 182 S.E. 851), and the will pro-
viding how the remainder after the death
of the widow is to be distributed, to wit,
“All of said property shall go to my chil-
dren of her begotten forever in fee simple,
share and share alike,” and makes no men-
tion of advancements or debts, the money
in question should be considered as a
gift which is not to be deducted from the
son’s share. Construing as a whole that
portion of the answer under attack, it
cannot be said that the point at issue is
controlled by the law of advancements ;
‘but it must be governed by the proposi-
tion that it states the loan was an indebted-
ness due to the estate, to which it was
the duty of the executor to apply what
would otherwise be his distributive share.
Compare Treadwell v. Everett, 185 Ga.
454, 195 S.E. 762, and cit.

[4,5] 3. Another objection to this tes-
timony was that L. C. Hay and A. L.
Hay were incompetent witnesses as to
such fact, since it related to a transac-
tion of the deceased W. D. Hay with L.
E. Hay the former executor, who had
died, and with A. L. Hay, who was a
legatee under the will. These objections
are without merit. The evidence act of
1889, Ga.L.1889, p. 85, Code, § 38-1603 et
seq., makes all witnesses competent ex-
cept as therein stated. Neither witness
falls within the exceptions named, and
under the express terms of that law “there
shall be no other exceptions allowed.”
Code, § 38-1603.

{[6] 4. Commissions of the executor
are regarded under the statute as neces-
sary expenses of administration, and in
legal contemplation such commissions are
considered appropriated as earned. A
creditor of the person who is executor
cannot by garnishment force the executor
to apply to the creditor's debt the com-
Missions earned by him as exccutor. As

would militate against the speedy and dili-
gent administration of the estate.”

[7] 5. Since the directed verdict was
the only finding the jury could have ren-
dered under the pleadings and the proof,
there was no error in refusing a new trial.

Judgment affirmed.

All the Justices concur, except BELL, I.,
disqualified, and HEWLETT, J., not par-

ticipating.

dame

IRWIN v. STATE.
No. 14248.

Supreme Court of Georgia.
Oct. 13, 1942.

1. Homicide €=250
Evidence sustained conviction of mur-
er.

2. Homicide €>166(10)

Where state in secking to show rob-
bery as motive of homicide relics on proof
as to practice of deceased to carry large
sums of money on his person, additional
proof of defendant’s knowledge of such
practice is necessary, but such evidence
may be circumstantial by showing oppor-
tunity to know practice provided that prac-
tice thus shown is not too remote in time
or place to be relevant to proved oppor-
tunity and question of motive.

3. Homicide €=338(3)

In murder prosecution where state to
show robbery as motive relied on proof as
to practice of deceased to carry large sums
of money on his person, alleged error in
admitting testimony of deceased’s practice
five years before homicide and when ac-
cused apparently was unaware of such
practice was harmless where similar evi-
dence was clicited by accused’s counsel, es-
pecially where court admitted testimony
subject to motion to rule it out, and rec-
ord showed no such motion,

4. Criminal law ©=695(6) ;
Objections to testimony in its entirety

Stated in Lester v. Toole, 20 Ga.App. 381, were properly overruled where part of tes-
390, 93 S.E. 55, 59, “The contrary rule timony was admissible.

ffiet~i-1 uo (qqtd) *ep *oeTS ‘Ze feqtuM foresT “NIMUT

townie A to?

§ taser ite

RIL IVAN 8

mg RN NR eS Sees tig ds

Ba Sa

500 Ga. 22 SOUTH EASTERN REPORTER, 2d SERIES

5. Criminal law €=1169(2) examination of this witness the following:

Alleged error in admitting testimony “As to how long it has been since I had
was harmless where almost the same testi- any business transaction of the nature I
mony was brought out by accused’s coun- have just outlined with [the deceased], I
sel on cross-examination. borrowed $100 in 1936. At different times
he has given me money for the church, and
I have seen his pocket-book. That was not

In murder prosecution where there is 4 business transaction. The last transaction
no evidence involving manslaughter, that was in 1936.’ The brother of the wife

such offense may be involved under de- of the deceased (who also was killed with
fendant’s statement to jury does not re- 4 pistol at the same time and place) testi-
quire a charge on that subject in absence fied, without objection, that when she vis-
ofa request therefor, provided judge calls jted in Alabama during the summer before
attention of jury to statement and charges the homicide, he saw her with a canvas
the law in regard thereto. bag containing a stack of fifteen or six-
teen hundred-dollar bills, twenties and tens,
amounting to about $1,600. There was
evidence for the State, in which it ap-

6. Criminal law €=824(3)

7. Homicide €=309(5)

In murder prosecution, charge on vol-

untary manslaughter was properly refused :
where under evidence accused was either peared that ‘tite. defendant “Gis. not. move

justified in killing deceased, or was guilty | Kentucky to Georgia ‘until the last
of murder. of C ctober or first of November, 1941, pre-
ceding the homicide on February 1, 1942;
that after he came to Georgia he lived
Error from Superior Court, Bibb Coun- ser 2. couple dar whom he worked, in: a
ty A, M Anderson, Tide, ome purchased by them from the de-
: : ceased, and that the deceased and his wife
Isaac Irwin was convicted of murder, and jived in this home before their purchase of
he brings error. the residence where they were killed.
Affirmed. ‘ : a
There are like exceptions to similar tes-
Isaac Irwin was found guilty, without a timony by the same witness. Similar ex-
recommendation, of the murder of J. N. ceptions are taken to testimony of E. G.
Perdue by shooting him with a pistol on Sherrill for the State, that he had seen
February 1, 1942. The defendant excepted the deceased with large sums of money on
to the refusal of a new trial. his person “occasionally all during the
Exception was taken to the admission period of time [witness] had business with
of testimony for the State by J. D. Boone, him;” that this “was in 1928 or 1929, [wit-
a groceryman, as to the practice of the de- ness didn’t] just remember when it was, it
ceased in carrying large sums of money was back in that period of time.” Imme-
on his person, that “whenever he paid his diately after this testimony on examina-
bills he always had plenty of money;” that tion by the State, the witness said: “De-
the deceased “would have just a billfold full cember of last year, just before Christ-
of fives and tens and twenties and fifties, mas [1941], he was in the store, and made
every time [witness] had a chance to see 4 purchase and pulled out his pocket-book
it;” and that this occurred “whenever he out of his hip-pocket. He opened up his
paid for his bill.’ Objection was taken to pocket-book and ruffled the bills up in it,
this testimony as irrelevant, too remote in * * * and he had a great deal of bills
time and place to have any probative val- in there. I don’t know how many. I could
ue; and as inadmissible to show motive, un- see some ten or twelve that he ruffled over;
less the defendant had notice of the cus- they were hundreds; ten or twelve one-
tom or habit of the deceased as to carrying hundred dollar bills, and there was more
such sums of money; and on other grounds. than that in the pocket-book, * * *
The court ruled: “I will sustain your ob- That was * * * about the middle of
jection in so far as involving any custom. December of last year, 1941. On other
I will overrule it as to the other grounds, occasions I have seen him with large sums
and will entertain a motion to rule it out of money on his person, when he would
unless the State connects it up.” The pay his bill or have a business transaction
record does not show any subsequent mo- with me; he invariably had a bunch of
tion to rule out this testimony. Counsel money in his pocket-book. I have been
for the defendant brought out on cross- dealing with him about fifteen years, con-

.
4

IRWIN v. STATE Ga. 501
22 S.B.2d 499 ee Z
tinuously through that period.” se rec- out. LSalgelinb negate 9 a5 gt
ord shows that the objections taken were was oun Se ai aa
made to this testimony en bloc, on the room, lying on her si e, “i See ee
that it was irrelevant and hear- up to her face, and with shots gh
a adioneh there are exceptions to a3 both oe aunt boas jo Se
ticular portions as objectionable, contained one ullet b ee a ae
in separate grounds of the motion for new near the ati ; S eter Siig oe
i ruling on the objections was a nightgown. All of the dr
ents the Seaaay in ee oe a a
-oss-examination, the defendant elic- tents were im ae: Z
me ‘toe a ee witness this testimony: had been thrown upon the aiecane rated
“When I saw him with these bills he had of the wife. Blood on these rem —
already bought the place he was living on, hard and dried, and there ig 00 ger
* * * and was living at the other place and near the body. The oors 5 :
until the tenant moved away, * * * so wardrobe part of the chifforobe an Se
he could move in. * * * It was before dresser and sewing machine were _ ing
Christmas the last time I saw him with open, with their contents ransacked OF
a big amount of money, * = * about thrown out.
the middle of the month, I think.” A stipulation signed by the State and for
i taken to certain charges the defendant was in evidence, agrecnad
Peers ike jury only the issue as that a 38-caliber dere pi —
to whether the defendant was guilty of ant had identified sg ie ag ee ae
murder as charged in the indictment, or gether with hel oN of en a ee
was innocent under his contention that he extracted — ce ep 28 he
killed the deceased “in defense of his life one from the ody ° is W esas Hare
or of his person against a felonious as- embedded in a eg = ee
sault sought to be inflicted upon him by the had been sent to the = hnica ; og see hs
deceased.” Exception is also taken to the of the United States eae oan
failure to charge the law of voluntary tion in Washington, D. i ee sie
manslaughter, on the ground that it was ticles had been there a ae Bes sna
involved ander the evidence, and partic- experts; and Pes tis ka gee =a
ularly testimony as to admissions made by ion, all three - the bulle
the accused before the trial, coupled with from that — . : es
exculpatory statements. The State con- O. L. Harris, a deputy sheriff, =
tends that even if these statements were that he arrested the defendant on Tuesday
such as to raise the issue of voluntary man- afternoon, after the discovery of the —
slaughter, no charge on that subject was on Monday afternoon, and talked with om
necessary, since they were self-serving dec- Tuesday night; that the defendant “‘de-
larations. nied it, said he didn’t know where [the de-
While it appeared from the evidence that ceased] lived;” that he was ah cnhaael
the wife of the deceased was killed at the ened nor offered any hope “ah poe
same time and place by pistol shots, the inducement ; that he veep aby ;
trial was had on the indictment for mur- truck belonging to his emp — - ;
der of the husband. On February 2, 1942, Grace, with whom he lived, to ot er p —
both were found shot to death in theif in the county; but that he didn - ae
country home in Bibb County. The hus- Mr. Perdue’s [the mnie pee eee “4
band’s body was found in the kitchen, not been there at all, and t at - o iw
clothed but without shoes or socks; and ness] could get out of him at the hrs ia
shot three times with 38-caliber bullets; terview.” On Wednesday meres: aged
once through the right side, the bullet the defendant's pistol edie pruriadet
coming out of the left side of the body, the house where he live “ne —
and being recovered at the undertaking showed him the pistol, and bi - anh
shop out of his clothing; another shot was said, “No, it was not his pistol, = . .
in the left shoulder, the bullet being re- “he didn’t know anything about a" ~~
covered from his right chest under the skin. also found; but told the — ne = “
The third shot was behind the left ear, and sick with a headache, and woulc = e :
the bullet was removed from the right cheek statement the next morning. 1 W -—
about the center. One of the hip-pockets further said that after the defen ol -
of the deceased was found partially turned: talked with his employer and another per-

a Rn i AG a SEES ERS

Saat bn BNa | Entei Sy np Bb

ttt
f fttne £ tes er (er

VNB LL AA

502 Ga,

son, the defendant “admitted shooting both
Mr. and Mrs. Perdue,” and dictated a state-
ment to a stenographer, freely and volun-
tarily without any threat or promise; that
the defendant agreed to go to the home of
the deceased, and show how it happened,
which the defendant did, as follows: “He
said he drove out that way and his lights
went out, and he showed me where he
stopped his truck * * * he said he
called and Mr. Perdue answered him and
told him to come in, and he said he told him
he wanted ‘to stay all night with you, my
lights have gone out on my car,’ and Mr.
Perdue said, ‘Come in;’” that after smok-
ing some cigarettes, defendant “went back
in the kitchen to get water, and he said
Mr. Perdue followed along behind him,
and he said he didn’t remember whether he
got the water or not, and he said Mr.
Perdue told him, ‘I am going to kill you, I
have got it in for you,’ and he said he
had his flashlight and he throwed it in
his face and he shot him twice; he said
it was a 38 pistol * * * and he said he
fell towards him, and * * * he went
out of the kitchen and went back in Mrs.
Perdue’s room and she said, “You have
shot my husband, I am going to kill you,’
and she shot at him, so he said ;” that “she
had a 32 pistol; and I said ‘What become
of the pistols?’ and he said ‘I took both of
them with me * * * T carried them
down there and threw them in the creek,’
* * * He said Mrs. Perdue shot at him
once, and he said Mr. Perdue shot at him
twice;” that when they could find no bul-
let holes from shots, and witness said
““That don’t look good,’ the defendant
replicd ‘It sho’ don’t,’ * * * and the
next day he changed that statement.”
“Monday,” the witness said, “he told me
that [they] didn’t shoot at him; he said
they had their guns, and he saw they were
going to shoot to kill him, and he shot
[them] and he took the guns away from
them ;” that “they didn’t shoot at him, and
I asked him how many times he shot, and
he said five times;” that “Mr. Perdue didn’t
shoot at him.” When the witness “asked
him why he threw those pistols away,
* * * he said, ‘I don’t know how come
me to do that. * * * J wish I had saved
them.’ ”

In the written statement by the defend-
ant, dated February 6, 1942, to which the
witness referred, and which was put in evi-
dence, the following appears: “I come back
at 1:05 that night, * * * J got there at

22 SOUTH EASTERN REPORTER, 2d SERIES

the road and my lights went out, and they
had told me [Mr. Perdue] moved not very
far down the road. Te had been a good
friend to me, treated me very nice. I went
down the road and I looked for the: road
and [ drove up there and hollered and he
come to the door and I told him I wanted
to stay the rest of the night with him, the
lights on my car went out * * * and
[he] said, ‘Come on in’ and I went in and
I sat there and smoked a couple of cig-
arettes.” The defendant’s statement with
reference to going to the kitchen was
substantially the same as testified by the
deputy sheriff, with details as follows: “I
went and got a drink of water, and he
come in there with a gun and throwed it
on me and said, ‘I am going to kill you’
and he said, ‘I have got it in for you,’ and
I said, ‘What have you got it in for me
for? and about that time he shot twice
at me, a 38, and I jumped sideways to keep
him from hitting me, and I saw I could
not get out, he was between me and the
door, and I shot him three times, and I
walked on in there in the other room, and
started to go out, and his wife, she was
up, and she said, ‘You shot my husband, I
will kill you,’ and she shot at me once
with a 32, and I seen I could not get out,
and I shot her twice. There was five shots
in all that was all that was shot. I turned
and picked both of the guns up, I wish
now I had kept them but I didn’t do it. I
picked them up and went out that door
as quick as I could, and I walked down
and got in the car and tried the lights and
they would not burn, and I drove on
down the road that turns, I guess to Seven
Bridges. * * * These two shots of his
and one of hers, the cartridges were in
the gun, I never even took them out.” The
defendant denied opening the drawers that
were open at the home of the deceased, be-
cause “I didn’t go there for any money, I
went to stay the rest of the night with them
and talk with them.” He said that he
could not tell why the neckties were on
the arms of the wife of the deceased, “nev-
er noticed them;” that the homicide oc-
curred “about 2 or 2:30 in the morning;”
that he threw the pistols of the deceased
and his wife in a creek; that he hid his
own pistol “in the first closet that you
come in the door” in an empty room, not
his own room, where he lived; that he
“stuck that gun up there to keep the kids
from getting hold of it.’ He further said
that he did not say anything to anybody

nao
IRWIN vy. STATE Ga. 503
22 8,.E.2d 499 ;

/ him twice more
about it; “You all [the officers] er posctadigcamenct ia pees eps
OF aa oe ae ee a * * : fell out, [it] fell to the left side, and
Perdue had a 38,” and “his wife gun fe ; e ng obit

: Me “hi maller I stooped down and picked up his g
had a 32;” and that “his 38 was s pec : Hee ores
stuck it in my right coat pocket.
ant further stated that when he ran past
Mrs. Perdue, she “said, ‘You shot my

In his statement to the jury, he de- husband and I am going to shoot you, and
scribed his movements in the truck which she threw her gun on me, and I shot two
he drove, during the earlier part of the eigre shite. aad she sunk down; that ‘he
night of the homicide, and the flickering svar! Sauk penny,’ or touched a hing
of his lights “because the battery was not except the dipper in the kitchen; tha ee
charging so good;” that “the lights wouls drove off, and threw the two eee i e
flicker and they would come back on,” and creek, one a 38 and the other 2 32, after
“had been flickering for two or three 4. pad “seen two hulls in the 38 pect
months ;” that the lights went out, and he ju in the 32,” and had then said to sa
entered the home of the deceased, as the self, “they shot two shots at me =
defendant had stated on other occasions; missed me;” that he later had an acci =
that the deceased told the defendant he with the truck, “the wheel was torn 5 ”
wanted defendant to leave his employer eett te the home of a. Mr. Looney, anc
and work for the deceased, and when the stayed till daylight, when they fixed the
defendant said “I can’t turn [the employer] truck, and he drove over to his employer's.
down to work for you for the same — Ci. Fisch. the dinay OIG Surat
eg a bee peared von after the statement of the defendant, tes-

y i y for me,’ and [the ett +e
Aa ee ee cat do it, and [the tified as to an additional pestig sox
Pe “chai i ant: e sa
dctesdaes’ kind of slipped his chair over, to him by the defendant

i c him
n a green car overtaken
iming and run out of the house, strangers 1
pare eon saetieny lier this * * * be- on the road . “a - a 3 Smee aye 3
cies oe bak the door with his chair, and car and ae tag: ingested peace
i ill j taken his pistol, <
Te Fee now one thing, I will just house,
= Agnes = d. head in the floor,’ killed Mr. and Mrs. Perdue, ~~ 98 =
r ; ‘ . . . s

ania he jumped up and grabbed his chair out and got in the car, nee ay : ae

and I Tce out of the rocking chair back, and told him en sao oe

and ran around the chair as he struck at and take ie ee: cape pe
i y ill him.

i ed off and hit the floor, or they wou 5s
ue ial sage and * * * he ther testified that the defendant cat oneal
Y .

Pe i; ae kitchen door and he followed about five ae daiigeee © a ee
i t the first time

run to the kitchen door and was no oo

tio pic to get it open, and it was make the statement he made on the stand;
sis half a minute before he run in on me, he had made it before.

and I was trying to get. out of the ge There was additional weed = the
and I whirled around and dipped Ba State as to the finding of the de oh ant’
bucket to get a drink migectange : ae pistol in the loft over a closet ae a
know whether I got it or not Piet tea Wad pase ak the hiuie so : am ee
scared; I think I drank ~~ a ars ployer where he lived , ee paises
he comie rusting ion pape foe you Tt am nothing wrong with gets ing s pee
. FoR sare oe eS . the truck; and‘ that when the defen

i to. ki is gun : % :
going to kill you,’ and he apache ce pointed out to an automobile ssigpengey
in his right hand on Sand ad I shot at Witness as to the wires which sin S
Neogene ee d . have adjustment and had to be fixed to make t e
rae ged: Tied * a : d to lighting work, these wires had nothing
it the gun with me; just happene g 3 es sateas:
take it da of my nes * * * Hethrowed to dow ith the lighting sy
his gun on me to shoot me and * ". * Roy B. Rhodenhiser, Jr, and Hallie B.
ae ge oa Ry right = & oik doe Bell, both of Macon, for plaintiff in error.
towards me. was scared, F i Kies, Bites 6

i ing i Chas. H. Garrett, of Macon,

ee at tise when T coor: i ae Arnall, Atty. Gen., and Emil J. Clower,
he kind of turned when I shot ; the ligh c Me a ter deteoaant We atree.
was shining on him and he kind of pitched Asst. y- ”

than mine.”
The defendant introduced no testimony.

HUGLE: 92 SE 663; MILES: Not appealed.

HUGLE, Frank, black, hanged Atlanta, Ga., July 20, 1917

MILES, Will, black, hanged at Atlanta, Ga., on January 29, 1917.

"Will, Miles, colored, quartered in the death cell next to the little yellow room at the

top of the “ulton County +ower where he will be hanged Tuesday for the murder of J, He
Moore, ate a substantial breakfast of fried chicken and eggs Monday morning, With his

end less than 36 hours away, the prisoner does not seem to realize his fate. At his own
request, Jailer Bob Holland provided, him with chicken for breakfast and he has asked for
another big meal later in the day, e will be hanged some time between 10 o clock in the
morning and ); in, the afternoon, Tuesday, probably about noon, Miles was convicted for shoot
ing “r, Moore, a coal dealer, 4ast fall, while the latter sat at the telephone in his shop
on South Mc“aniel St. The bullet was fired through the window and entered Mr, Moore's heart
“his is the first hanging under the administration of Sheriff James I, Lowry."

JOURNAL, Atlanta, Gas, Jan, 28, 1917 (6/2.)

twill Miles, a negro, paid the death penalty for murder Tuestay morning at llo'clock, when
he was hanged in the Fulton County Tower, His neck was broken by the fall and death
occurred in fifteen minutes, Miles was convicted jointly with another negro and sentenced
to die for the murder of Mr, J, H, Moore, The negro minister who had been attending Miles
regularly appeared at the tower early Tuesday morning and gained admittance to the ceill of
the condemned man, The two prayed and sang, reading scriptures at intervals untill 11 o'-
clock drew near. A few minutes before 11 o'clock Sheriff James I lowry appearedat the door
of the death cell and told Miles to get ready, The negro raised voice sang ‘Nearer my God
to Thee," Sheriff Lowry went into the gallows room, and the negro advanced to the door, his
hands bound and the bonds about him ready for final adjustment,
"He, took the sheriff's hand and walked to the steep short stair that leads to the gallows,
singing all the, while an old son, 'Pray On, Pray On,' While the black cap was being ad-
justed to his head and the noose around his neck, the negro spoke to detéctives and deputies
present inthe cell, 'Boys,' he said ina clear voice, 'let this be a warning to you -
don't run with fast company for it pub me where I am now, I didn't do this crimes there's
another man downstairs in a,cell now who did it, (Miles was referring to frank Hugle, his
partner, now awaiting the outcome of an appeal from a death s entence for the same crime, )
I am going to a place with golden streets and golden harps,' he confinued, ‘and I am going
see my mother and my father.' The last words he said were: 'Gootibye, sheriff,' At the
stroke of 11 o'clock, Sheriff Lowry threw the lever that springs the trap, a big heavy
bar not unlike the johnson-bar on a locomotive. The negro s neck was broken by the fall,
and at 11:15 o'clock, Dr. Samuel H. Green, prison physiciafi, pronounced Miles dead, His
body was cut down at 11:35 o'clock, The negro paid the penalty for the murder of Mr, J,’ He
Moore, a well-to-do coal merchant, who was killed last fall while in his office at 227
South McDaniel Street. Mr. Moore was talking over the telephone to his wife when two ne-
groes approached with intent to rob him. According to testimony in the superior court
trial, Miles was to hold a gun on Mr, “oore through the window facing the coal yard, while
Hugle was to enter and robe him, — . |
"Testimony from this point on was that Miles’ hand becarie ‘unsteady, the gun was discharged,
and Mr, Moore fell dead, shot through the heart. His wife heard the explosion through the
transmitter of the telephone and immediately set out for the office. When she reached ther
negihbors already were at the side of the dead man, The negroes later were identified by
passers-by who saw them dart away, startled by the unexpected turn of events, Judge, Ben H
Hill, in passing the death sent ence upon Miles, and dater upon Hugle, stated that there
was no question of their guilt, Both trials were records for swiftness, about 5 fleeks
lapsing between the deed and conviction. Miles also had appealed, but his motion was de=
nied," JOURNAL, Atlanta, Gae,y Jan. 29, 1917 (7/1.)

RUGLA EXECUTION
"Frank Hugle, the negro who was convicted several months ago of complicity in the murder
of J. He Moore, a wealthy coal dealer, was hanged in the Fulton County Tower Friday morn-
ing at 11 o'clock with county officials and jail attaches as witnesses, Efforts to save
the negro were continued until Friday morning, when Governor Dorsey refused to appoint a
commission in the sanity of Hugle, Before the trap was sprung, Hugle wrote a statement
in which he declared that he was several blocks away when Mr, hoore was shot by another
negro named Will Miles who was hanged several months ago, Hugle admitted Friday on the
gallows that he told Miles that Mr, Moore had $00 in his possession, Up until this time
Hugle had always declared that he had had absolutely at | alee with the killing of
the coal dealer." JOURNAL, Atlanta, GA July 20, 1917 ( °)

‘MEDIA ACCOUNT
OF TRIAL:

MEDIA. ACCOUNT
OF EXECUTION:

METHOD: hanging TIME: AM
STAYS OF
. EXECUTION:
EXECUTIONER:
WITNESSES:

RITUALS:

LAST WORDS:

OTHER INFORMATION: Ide Hug hes Was visibly Athesed whet
mods ho gtetement rior +5 sentencing - flug hes fb

a. 35 Wan In He story of the | state to be
oondumnned -}, due by hanging but only Q have heen hanged.

Mie husband frank Preghes Was indieted Joutty
with his wite le the nuvdur.

HUGHES,. Ida

(Not confirmed, )

To be hanged on. 3-14-1924; Sentenced 1-28-1924
to hang for murder of mother-in-law, Mrs, M,..c.
Hughes; lived in atlanta. Mrs, M, C. Hughes
was shot as she stooped over a trunk in XXAXKAR
MH I da Hughes’ home, KEX¥X searching for article
she said belonged to her, : A t sentencing was
visibly affected, but made no statement prior
to sentencing....Her hus band, Frank Hughes,
was indicted with his wife in the murder,

From agresti inventory, citing TIMEs, New York,
1-26-1924, (26-5)

SE Ee TT eC eS Aa |

HUGHKS, Ida, possibly hanged > Ga. 1924

Pleat

CAPITAL PUNISHMENT DATA SHEET

_ Georaia
STATE ' INVENTORY #
OFFENDER: SOURCE OF DOCUMENTATION
NAME: [D/A Hugies (TITLE, DATE AND PAGE#)
RACE: : ew foek T7KES
SEX; FEMACE es Lae 265

OFFENSE: Murder th

DATE EXECUTED: March 4D iqat
COUNTY:

AGE:

VICTIM: 3
NAME: Mes. M.C. Hughes
RACE
SEX

: ; frnale:
AGE:

to orremper; Mother - in-law)

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED:

Preece, gawae® 7904
tax essere: Saturday

mone: (Handa)

war Me Hughes wes shor as She Was

Shoped over a, trunk in [da ef hie.
seanchity {br ol She sard ee * her

“Only a fiend,” said the chief to Mahoney, “could have
killed those four people. They must have been asleep when
they were attacked.”

MP etic who had been investigating the outside four
walls of the cabin, arrived at the theory that the killer
had climbed into the cabin through an open window. Not
a footprint had been left in the soft earth which surrounded
the place.

Turning to O’Reilly, Chief Chapman ordered, “Notify
Headquarters to send ten more men here at once! They
will have to keep that crowd which is mounting, from
entering the premises.”

As the order was being executed, Chapman and his men
went to the filling station and found the man, who, unlike
the others, had been shot. He had been lying face down-
ward. He had been shot in the head.

“\Vhere is the man who found these bodies ?” asked Chap-
man.

“Right here,” said Boney, as he stepped forward.

“\Where do you come from, Mr. Boney ?” he asked.

“T run the Boney Welding shop next door, and I also
own this cabin and filling station,” he answered.

“Suppose we go to your place and we can talk this thing
over, Mr. Boney,” suggested the chief.

Everybody agreed. They would then get away from the
crowd which was multiplying and acting uneasy, as scraps
of news dribbled out to them.

Roney took out his key to open the door. But one of the
policemen shoved the door and it flew open.

“My God,” cried Boney. “That door was locked!”

The policemen moved into the shop and found three vend-
ing machines, which had been smashed and their cash boxes
removed, in the center of the room.

“\Vhat’s this?” asked the chief of Boney.

“Those machines belong in the filling
station. The killer must have taken
them and then forced his way in
here and took the money out of

them.”

Bm whose nerves were
jumping again, was asked
to sit down and tell his story
of the finding of the bodies,
with minute detail. The welder, a
heavy-set man with bulging mus-
cles, sat on an anvil, and his police
questioners sat around him.

“Can you identify all the victims ?”
asked the police.

“Yes, sir. The man in the filling
station is Tom Chester, a local feller.
He took over the gas station, on a
commission basis, Just a few days ago.
The cabin tenants, were the Tillmans.
]. S., the father, was an ex-Navy man
and a corking machinist. His wife
was Elizabeth. The two kiddies were
their daughters, Clara, seven, and
Viola, nine.”

“\Where did the Tillmans come
from?”

“Tillman has been here eight or

The coat and felt hat (right) was the clue
that led to the fiend’s capture. An im-
prisoned man identified its owner and there-
by set the stage for a dramatic denouement.

nine years. Since his release from the Navy, he worked
for me in the welding shop until a few months ago. Busi-
ness has been going very bad and I couldn’t keep him on
the payroll. So I asked him to take the cabin and run the
gas station on commission.” ‘

“Did you ever—?” asked the chief, when Boney sud-
denly bogged down.

“Get me some coffee—l feel terribly weak,” cried the
welder.

An officer was dispatched for coffee and several others
who had just reported for emergency duty, took advantage
of the lull and came into the shop for orders. Among the
group were two fingerprint experts from the Savannah
Police Department.

“O'Reilly, take these two men to the cabin and filling
station and make sure that every inch of both places is
combed for fingerprints,” the chief ordered.

The other men were assigned to the crowd and traffic
duty on the highway.

oNEY’s TEETH had stopped tap-dancing, and he signified
his willingness to continue his gruesome tale.

“Tillman worked the gas station,” he said, “until a week
ago. He came to me and asked to be relieved of his bar-
gain. He couldn’t make enough moncy to keep going. I
told him I would get another man for the job, but he
should stay at the cabin until he found more suitable em-
ployment. I found Tom Chester, who has been knocking
around these parts all his life. He fixed up the rear of the
filling station for sleeping quarters and took it over. Till-
man, in his spare time, helped Chester get settled, and he
also taught him some of the gas station tricks. They were
good friends.”

It was a four-inch pipe, about five feet long, and had

The three men in the car got out and walked around the

brown hair clinging to it from bloodstains. It was promptly premises. I didn’t sce them talking to anybody. They were
there about twenty minutes. They were strangers.”
The chief, who had listened attentively to the story, made

sent to the police crime laboratory.

cu CHAPMAN WAS IMPRESSED at the find, and was
confident the pipe was the weapon used in the whole-

sale murder of the Tillman family.

At the crime shop, experts powdered the handle and under

notes of the information and filed it with the case. He
couldn’t do anything about it. No license numbers. Not

even the type of car, nor an accurate description of the men.

On the following afternoon, Chief Chapman and other

microscopic lenses searched for print patterns. But not a law enforcement officials met at Police Headquarters. They

one. The hair was extracted, and found to be from the

head of Viola.

The Boney pants were put through
the examination and Boney was
eiven a complete bill of good health.
Every conceivable comparison was
made, and the welder was cleared of
any complicity.

‘As the scientific processes of
crime detection were being utilized,
and the posses were still wood-
bound in their search for clues,
news-drinkers throughout the nation
were gulping down the gruesome
stories from the little Chatham
County hamlet.

Chief Chapman, in a lengthy in-
terview with a reporter for a news
service, said, ‘Somewhere, some-
place, there is a man or woman
who has knowledge of these atro-
cious murders. The killer, or kill-
ers who committed these crimes, will
confide to someone. Won't that
someone—in the interests of justice
and society—please communicate
with us. We will guarantee that
their identity will never be made
known.”

This plea, which indicated the
police were without any tangible in-
formation, aroused not only the
erackpots of the nation, who always
the solutions to crime, but it
broke down the public indifference
which came with prohibition.

The plea brought about a story
which was an interview with Mrs.
Alice Durbin, a married sister of
the slain Tillman. She said in part:
“My brother wrote me recently and
said a man with whom he had quar-
reled, had threatened to knife him.”

“ae POLICE wired officials of

Richmond, Indiana, and asked
them to visit the sister and gather
more information from her. Scores
of patrolmen and deputy sheriffs
were sent on a house-to-house can-
yass of the County to break down
this angle. But not a single resident,
nor an acquaintance of Tillman, had
any knowledge of the reported
quarrel.

Then Chief Chapman was visited
by E. C. Tipton, a neighbor of Till-
man’s, who said:

“Last Tuesday night, December
twentieth, three men in a cheap,
small car pulled into the gas station.
They parked their car on the lawn.

discussed every detail of the crime, every clue that had

been received. They tried to ferret some little angle which

Citizens were cheered when they learned that Pa-

trolman Harper (top), was well enough to take an
active part in the baffling case. Detective Sergeant
Fitzgerald (above) also aided the investigation.

might have been overlooked in the
heat of the investigation.

The telephone buzzed sharply. The
chief, nearest to it, scooped it up and
spoke into the mouthpiece. A voice
replied:

“This is C. Jeffries. I am tele-
phoning from the store opposite the
Ober Fertilizer Works. About a
half hour ago, while hunting with
my son, Wilford, we ran across some
evidence that might be very impor-
tant.”

Chapman, who had been idling
back in his swivel chair, jumped up
excitedly and interrupted. “Just
what did you find, Mr. Jeffries?” he
asked.

“Two shotguns and a hat and
coat,” was the terse reply.

“Stay at the store and we will be
right over,” he answered quickly.

yo FIFTEEN minutes, five
police cars converged on the
store, and the policemen found Jet-
fries walking up and down the road
impatiently.

The hunter asked that they follow
him through the woods to the spot
where he and his son had found the
guns and clothing. When they
reached the spot, Wilford, the son,
was standing guard.

“In the ditch,” said the elder Jef-
fries, “you will find two shotguns
protruding from the murky water.
One is a double-barreled and the
other is a single.”

Jeffrics walked a few paces into
the woods and pointed out a brown
hat and a gray overcoat.

The police soon extracted the
guns from the marsh and put them
in bags. The hat and coat were
picked up and showed bloodstains.

The police found their way back
through the woods to their parked
cars, and then drove like blazes to
Headquarters. Boney, the welder,
was sent for, as well as some lab-
oratory technicians.

Boney was shown the guns. “That
double-barreled one belonged to
Tillman,” he said. “The single was
Tom Chester’s.

“The hat and coat—I never saw
them before!”

The scientific clue hunters failed

(Continued on page 70)

couldn’t be identified,” he explained, “I
cut her clothes with a scissors and took off
her shoes and stockings. I got in the
front seat and started to drive. I went
out of the cemetery, but then I changed
my mind. I was afraid to drive through
town with her in the back seat. I figured
she might come to, or something, so I
drove back into the cemetery.”

It was on lonely Valley Road that he
stopped again. He lifted the body out of
the car. He listened for a heartbeat, but
his own heart was pounding so wildly that
he couldn’t tell whether the girl was alive
or not. He slid the corpse down the bank
into the ditch, then threw the clothing in
after it—all except the dress, which was
already wadded under her arms.

Thompson denied he had inflicted the
scalp wound, despite the evidence of blood
on his car and trousers. Likewise, he said
Mildred must have sustained the broken
neck in being cast into the ditch.

He drove home after disposing of the
body, but was so nervous that he couldn't
sleep. Next morning, he found the blood-
stains on the auto upholstery, removed
them with ammonia and later bought seat
covers for the car.

Even though news of Thompson’s - de-
tention had been withheld from the press,

GEORGIA’S TOURIST

to find a print on the guns. However,
experts reported the stains on the clothing
was human blood. They were attempting
to make a comparison of the blood.

‘Ts BALLISTIC EXPERT took the guns to

his quarters and made the necessary fir-
ing tests. Then he made the usual com-
parisons of the slugs.

“The double-barreled gun has been used
within the last twenty-four hours, and was
used to kill Tom Chester. The empty shell
is still in the barrel. The single-barreled
shotgun has not been used in some time,”
the expert reported. :

Every day, religiously, O’Reilly, made a
visit to Harper, his ailing partner. He kept
him abreast of the investigation. They
discussed the case from every conceivable
angle.

“Jay Jay,” said his partner, “I don’t be-
lieve you are following the right lines. It
sounds like the work of a sneak thief ma-
niac,”

Came December twenty-ninth, and Pa-
trolman Harper, his left ankle having
pig was at Headquarters reporting for

uty.

“How do you feel, Harper?” asked Chief

apman.

“Feel as fit as a fiddle, and able to solve
that case, Chief,” he said.

“You have some ideas?” inquired the
chief.

“Definitely,” he assured his superior.

“All right, don’t go into uniform. Work
in plainclothes and break the case, if you
can.”

Harper thus joined Sergeant Mahoney
and they drove to the scene of the mass
murders. They examined the buildings and
talked to some of the hangers-on.

Finally, Harper turned to Sergeant Ma-
honey and said: “Sergeant, let’s go to the
County Jail. I want to talk to a prisoner
there who I have some confidence in.”

A’ THE JAIL, Harper, who had entered
the building alone, asked to see Henry

Robinson, one of four men who had been

convicted of prowling earlier in the month,

and before the murders.

_ In the visitor’s room, Harper met Rob-

inson,

rumors were spreading through the city
that the Hallmark slayer was in custody
and had confessed. The authorities were
determined to take no chances with lynch
law, and so, early Saturday morning, Sher-
iff Olson spirited Thompson away to the
jail in Bloomington, where he was booked
as “Harry Myers.” From Bloomington
he was taken to Clinton, and later to the
jail in Decatur.

Brought back from Decatur early on the
morning of Wednesday, June twenty-sixth,
under heavy guard, he was arraigned at a
special court session and pleaded not guilty.

“Judge, why don’t you give me a break?”
Thompson whined.

The court appointed Attorney Ben Thur-
man to defend him, and he was placed in
a solitary cell in the Peoria jail to await
trial.

When Gerald Thompson went on trial
for his life in a packed courtroom before
Judge Joseph E. Daily the latter part of
July, the defense sought to prove that he
was insane at the time he killed innocent
Mildred Hallmark. Attorney Thurman
even tried to introduce into evidence the
“little black book” in which he told of
attacks on sixteen women and attempted
assaults on sixty-seven others, but the diary

CAMP HORROR

“Henry,” he said. “You have read of
those murders near Tyson’s Tourist camp?”

“Yes, suh,” he replied.

“Do you know who did that job?”

“No, suh, I was in jail.”

“Henry, you’re better educated than the
rest of the crowd, and I think you deserve
a break. I’ll get you one if you help me.”

“T can’t help you from in here.” :

“I want to show you something,” said
Harper, as he took out the brown hat and
the gray coat from a package. “Did you
ever see these before?”

“Has the hat a little white ribbon in it?”
he asked.

Harper looked inside the hat and found
a white ribbon which he showed to Robin-
son.

“That hat—gee, I hate to talk—belongs
to Plunk! He lives in West Savannah, in
the Rossignol Hill section.”

“Is that his full name?”

“No, his right name is Jerry Jones, but
they call him Plunk. You'll ond him loi-
tering around the hill.”

Harper thanked his Negro informant and
ran out to the police car and broke the
news to Sergeant Mahoney.

“Let’s go and pick up Plunk,” said Ma-
honey.

They drove to Rossignol Hill and were
directed to the “Plunk” cabin,

HEY TAPPED ON THE poor several times

and, finally, a young Negress who iden-
tified herself as “Plunk’s wife,’ answered
the door.

“Where is Plunk?” they asked.

“I dunno, he comes and goes,” she re-
plied.

“Is this his hat?” asked Harper, as he
drew it out of a box.

“It used to be. But a few weeks ago, he
traded it to Arthur Bayfield for a cap.”

Just then a wiry little Negro made his
way up the broken steps of the cabin.

“Are you Plunk?” he was asked.

“Yes, suh.”

“Ts this your hat?”

“No, sir, ain’t never seen it.”

“All right, come along with us!”

The little Negro was giving the detec-
tives an argument until Harper turned on
him quickly, and said, “Plunk, your wife
admits it was your hat, and she said you

was not admitted. However, one defense
witness told the jury Thompson had
boasted he would have fifty-two women
during the year—one for every week—and
that he was far ahead of his schedule.

Although the jurors doubtless were con-
vinced that Thompson was sex-mad, they
could not believe he was legally insane
when the murder took place, Apparently
they likewise doubted his own assertions
from the witness stand that the confession
was wrung from him by threats and star-
vation. State’s Attorney Champion’s case
was too strong to be knocked down.

HE JURY WENT OUvT to deliberate on the
evening of July thirty-first. Four hours
later came the inevitable verdict:

“We the jury find the defendant guilty
of murder, as charged, and fix the penalty
at death.” :

Thompson was dry-eyed, his manner un-
changed, as he heard the fateful words.
But in the judge’s chambers a few minutes
later he broke down and sobbed bitterly.
“My God! My God!” he moaned over and
over,

At last Peoria’s “love wolf” had received
his just deserts. At last he was within
the shadow of the electric chair |

From page 27

exchanged it with another fellow for a
cap.

Plunk changed his attitude,

“That’s right. It was Arthur Bayfield.”

“Get in the car and direct us to the house
that Bayfield lives in, Plunk!” ordered
Mahoney,

As they were driving towards Charles
Lane, the home of Bayfield, Plunk shouted
to the sleuths, “There goes Bayfield now !”

Harper jumped out of the car and took
Bayfield into custody. In the car, Bayfield
readily identified the hat as having been
the one used in the cap swap. “But I ain't
been wearing it,” he cracked.

“Who has been wearing it?” he was
asked,

“Marion Hunter, who rooms in the same
house as me.”

“What kind of an overcoat does he
wear?”

“A gray coat—oh, no, he just bought a
brown one.”

“Where’s the gray coat?”

“Home, I guess.”

HE CHAIN IDENTIFICATION of the hat was

getting them somewhere. They’ drove
around for awhile and talked the matter
over. Harper asked to be driven to the
house where Hunter and Bayfield lived.

This was done, and Harper got out of
the car. Mahoney, at the wheel of the car,
drove away so as not to attract a crowd.

He walked up to the sixth shack in the
long row. He readily identified it as the
right one by the horseshoe which was nailed
to the front door.

He tapped a few times. The door opened
and a young girl asked him what he wanted.

“Y'm looking for Marion Hunter,” Har-
per said, as he walked into the cabin and
Started to search the premises.

“You're wasting your time, Mister. I
never know when Marion is coming home.”

“Who are you?” he asked.

“T’m his sister,”

“Little girl, I have a date with Marion.
I'll wait until he comes along.”

An hour later, as the sun, like a fat
orange, was sliding behind the hills, foot-
steps were heard on the porch. Then the
conventional door taps.

“Let them in,” said Harper, as he drew
his gun out of the holster and covered the

door.
It was I
nie Hunter
after being
Within
greeted at
door; Liz.
Maybelle }
field, and ]
cabin and
Hunter.
Harper
corner of t
“Not a ¢
dered. “I
Hunter co:

S HE M
could
door, he b
dangling fr
He looke
noticed wr
near the su
delible ink
Harper’s hi
was on the
Hunter. H
tween Hunt
Dead sile
of hurryin
creaking of
the door lat
knit Negro,
The muz
Harper’s ri
latest arriv
quick. Sta
door which
Harper wv
ag Vil plus
with your h
Hunter vy
the gun cor
tor was seri
head bowed
The gun p
He sat dow:
Harper t
prisoners a1
you. Keep
man. Tell |
me. Tama

HERE WA
through
them came
talking to tv
advised then
All three ra
Detectives
vannah Det
into custody
search of tl
linking him
Hpnter an
to the Sa
where he w
and the Ch:
the arrest.
As he sat
Negro said,
I only got o
tober. I do:
ain’t foolish.’
Harper lo:
tempt before
going back tc
taking a one
is your next
“The elect:
Upon the
rapher, Hun
room and to!
ter-Tillman r

“T ain’t ev:
ing about,” h
But one c

tion in the v
feared,” carr

“Did either of them have any enemies ?”

“No, not that I know of. But it seems to me that some
time ago, Chester, who lived in a roadside cabin down the
road a few miles, had some sort of a battle with a feller
who was robbing his place. He got a deep knife gash
around his throat. I don’t think the man was ever caught.”

The chief halted the questioning for a moment to order
a check-up of police records on the reported clash between
Chester and a thief.

“Continue, Mr. Boney !”

“Tillman was a quiet man. In his eight years here, he
has been devoted to his wife and two children. I never
heard him say an unkind word about anyone. Nor have I
ever seen him engaged in an argument. He was a good
listener.”

“Did Mr. Chester or Mr. Tillman have a gun?”

“T think they both had guns. That is, shotguns. Let’s
see, if my memory serves me right, Tillman had a good
double-barreled shotgun and Chester had a single-barreled
one.” ;

The interrogation of Boney was again disturbed while
Chapman sent two of his aides to the cabin and filling sta-
tion to search for guns, and Chief of Savannah Detectives
J. J. McCarthy, came into the shop.

The two chiefs went outside the welding shop and there
was a half-hour discussion of the case. They went over
the scenes and were informed that neither gun had been
found.

ETURNING TO Boney, Chief Chapman hunched his

broad shoulders and his round face was tightly drawn
and set in hard lines. He said, “Mr. Boney, you realize
that we have a tough case on our hands. We are going to
move heaven and earth to break it. Will you cooperate and
remain available?”

“Yes, sir,’ answered Boney.

As the welding shop party broke up and were moving out
of the building, Chief Chapman noticed several stains on
Boney’s trousers. ,

“What kind of stains are they?” he asked.

“Grease, I suppose.”

Alert investigators found footprints
outside this tumble-down shack,
which definitely linked the suspect

with the crimes.

“Would you mind changing
your pants and giving them to
us for an analysis?” he asked

Boney almost collapsed.
Beads of perspiration rolled
down his face despite the cold
weather. ‘You mean—?” he
stuttered.

“T’m not accusing you. It’s
just routine. You said vou
would help us. Please do,” an
swered the chief diplomat-
ically.

The welder was stunned
However, his position as finder
of the bodies had placed him
under suspicion. It was to his
advantage to cooperate, and 1b
cleared. He willingly changed
his clothes and handed the
soiled trousers to the chief.

“T’ll be here, Chief. I don’
intend to leave this placc
These people were my friends
—not only my employes. I came across the bodies because,
each morning the two little girls used to run over and gree:
me. I was as fond of them as their parents. This morning
there wasn’t a soul around the place. The two little girls
were missing and the gas station wasn’t opened. I knew
there must be something wrong. So I started to investi-
gate.”

iP he: TWO CHIEFS, and their aides, made a round of the
grounds, and later came across the fingerprint experts
at work.

“Have you had any luck?” asked Chief McCarthy of his
men.

“We found several partial prints, but we don’t believe
they can help us very much. We have checked the door-
knobs, the windowsills, the bedposts, and the vending ma-
chines. But not a single print.”

“Keep at it, boys. Just one print might solve this case.”
commented Chapman.

The filling station telephone was taken over by the au
thorities, and Chief Chapman called the Chatham Coun,
Sheriff’s office.

“Deputy Sheriff C. J. Purdy, speaking.”

“Sheriff, this is Chief Chapman. We have a tough case
down on Route 17. Near Tyson’s Tourist Camp. Fiv«
persons have been killed. I would like your men to assis:
us in this matter. I believe we will have to make a search
of the woods immediately in the rear of the cabin. The
murder weapons are missing. We believe a shotgun and «
pipe were used in the killings.”

“Tl be right over, Chief. Get some good local men t
gether and we can start the search of the woods right away
I’ll bring the dogs along.”

Two hours later, sad-eyed bloodhounds and 200 men,
young and old, split into ten searching parties. The grim,
armed men, started a search of the heavy brush,

Fifteen minutes later, O. L. Freeman, a posseman, stum-
bled across a blood-soaked pipe, lying in the weeds, less than
a quarter mile from the rear cabin door. The pipe, care-
fully wrapped by I'rceman, was brought back to the tem-
porary headquarters established at the scene.

AP 9 Apr 95 0:46 EDT V0512
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

ATLANTA (AP) -- Convicted murderer Nicholas Lee Ingram will be
buried at a small family ceremony, without the international
publicity that surrounded his execution, officials said Saturday.

Ingram, 31, was executed Friday night at the state prison in
Jackson after the U.S. Supreme Court rejected a last-minute request
for a stay. The British-American had been sentenced to death for
killing a suburban Atlanta man in 1983 during a dirs 60 robbery.

After the sentence was carried out, Ingram’s body was claimed by
his family and taken to Woodstock, 25 miles (40 kilometers) northwest
of Atlanta, for burial, according to Laura Marshall, a spokeswoman
for the Department of Corrections.

The family did not make funeral arrangements public, she said.
"It's in their hands at this point."

A spokeswoman at the Woodstock Funeral Home, which was handling
the arrangements, said the family planned a private ceremony. She
would not release any details. Later, a funeral home spokesman said
the burial had not yet been carried out.

Ingram’s execution drew intense scrutiny in Britain, which
effectively outlawed capital punishment in 1965, although it remains
on the books for treason. In the days before his death, Georgia
prison officials were deluged with phone calls and letters, including
one from the archbishop of Canterbury, pleading for leniency.

Ingram, who held dual citizenship, was born in England in 1963 to
a British mother and American father. The family moved to Georgia a
year later. Ingram’s mother, Ann Ingram, now lives in Acworth, in
suburban Atlanta.

When 18-year-old Michael Fay faced a can-
ing in Singapore last year for spray-painting
cars, the press described in vivid detail what
‘he punishment would entail: “Pieces of skin
and flesh fly at each stroke. The cane splits
after three hits. It leaves the prisoner’s skin
torn open, exposing bloodied flesh.”

The image was of a barbaric nation that tor-
tures its people.

How ironic that the same is now being said
about Georgia and the United States by the
British press. The punishment at issue is not
caning, of course; it’s the death penalty, which
was outlawed in Great Britain nearly 30 years
ago. And the man’s not Michael Fay; he’s
Nicholas Ingram, a British American set to die
Thursday in Georgia’s electric chair. But the
arguments that brought both cases to interna-
tional attention are the same.

If America were as strict as Singapore, its
leaders lectured, it would have a better handle
on crime and violence. Many Americans
agreed.

Similarly, many Georgians remain ardently
in support of the death penalty and no doubt
believe Great Britain could better control its
criminals if it would just execute a few.

Al4 Tuesday, April 4, 1995 sessse

a . °
“Crime and torture, American-style

The problem is, it doesn’t work that way.
Study after study shows that the death penalty
is not a deterrent. Furthermore, those coun-
tries now criticizing us for our barbarism have
lower crime rates: The homicide rate in this
country is 14 times that of Great Britain.

Ingram was convicted for the 1983 homicide
of a Cobb County man and the attempted mur-
der of his wife. It was a particularly heinous
crime that cost one life and ruined another.

But this is not about whether Ingram
deserves to die. This is about us — and how the
world views our society. Increasingly the world
views us as violent — so violent that some
countries advise citizens not to visit here
anymore.

Yet, despite a trend toward harsher punish-
ment as the only solution, crime continues to
rise — a phenomenon one British newscaster
describes as the “bizarre ritual of crime and
punishment in America.”

Still, there is a reason this country doesn’t
cut off the hands of those who steal, or castrate
those who rape. Or cane vandals. It’s called
civilization.

And in a democracy, it’s an ideal worth
preserving.

THE ATLANTA CONSTITUTION

For 125 Years the South’s Standard Newspaper

DENNIS BERRY
Publisher

JOHN C. MELLOTT
Vice president and general manager

JOHN W. WALTER JR.
Managing Editor

RON MARTIN
Editor

CYNTHIA TUCKER
Editorial Page Editor

)
Georgia Executes Brit. Native

AP 7 Apr 95 23:02 EDT V0100
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press. te

JACKSON, Ga. (AP) -- A British native who killed for $60 was
electrocuted Friday night moments after spitting at the prison warden
when asked for a final statement.

Nicholas Lee Ingram was pronounced dead at 9:15 p.m., prison
officials said. |

His impending execution had triggered a media frenzy in Britain and
a torrent of phone calls and letters, including one from the archbishop
of Canterbury pleading for leniency.

Ingram was defiant to the end, glaring at the witnesses. After being
strapped into the electric chair, he spat at Warden Gerry Thomas when
Thomas asked if he wanted to make a statement. _

The warden then asked Ingram if he would/like a last prayer; Ingram
simply closed his eyes. « - Se 4 oils ee

His lawyer, Clive Stafford-Smith, said later that he was told to
issue Ingram’s final statement. He said Ingram had "total and utter
contempt for the whole system of killing people."

Ingram, 31, was sentenced to death for abducting 55-year-old J.c.
Sawyer from his suburban Atlanta home in 1983, robbing him of $60,
tying him to a tree and shooting him in the head. He also shot Sawyer's
wife; she survived and identified Ingram as the killer.

The execution at the state prison in Jackson, about 40 miles from
Atlanta, was carried out after the U.S. Supreme Court rejected a
last-minute request for a stay. ges

Ingram, who held dual citizenship, was born in England in 1963 to a
British mother and American father. The family moved to Georgia a year
later. . . Soe

Ingram’s mother had asked the British government to intervene. But
Prime Minister John Major, visiting Washington, D.C., this week,
declined. : | oe ae )

Britain effectively outlawed capital punishment in 1965, although
it’s still on the books for treason. Many Britons had pleaded for
leniency. | kes

"They believe the death penalty is a barbaric. act," state parole
board spokesman Mike Light said Thursday, “They say the death penalty
is a ritual that has no place in the 20th'century." .

The Archbishop of Canterbury, George Carey, said Thursday he sent a
letter to the parole board noting that Ingram already spent some 12
years “suffering the mental and spiritual anguish of anticipating his
execution.” . Ra IS ong A.) ile ane |

“Show mercy and commute the dedth penalty to a sentence which offers
eventual hope of fresh life and rehabilitation," Carey wrote.

In permitting the execution, the J.8. Supreme Court upheld the U.S.
llth Circuit Court of Appeals’ rejection of a three-day stay that had
been granted earlier Friday by. a federal judge.

In his earlier ruling, U.S. District Judge Horace Ward rejected
Ingram’s appeal in which he claimed he was secretly drugged during his
1984 trial with an anti-psychotic drug that made him appear
remorseless. . cain ne

But he granted the three-day stay to allow the lith Circuit to

review his decision.

The execution was originally scheduled for 7 p.m. Thursday, but Ward
granted a one-day stay an hour beforehand. |

"He felt like & sheep that they were shaving for slaughter,"
Stafford-Smith said... pane | Le

State Attorney General Michael Bowers told the judge that the steps
were taken before prison officials learned of the stay.

Georgia has executed 18 people since the state reinstated the death
penalty in 1983. The last execution was in March 1994. |

@)
Georgia Executes Brit. Native

AP 8 Apr 95 10:28 EDT V0O253
Copyright 1995 The Associated Press. All. rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority

of the Associated Press. sao |

JACKSON, Ga. (AP) -- Defiant to the end, a British-born killer whose
case triggered a media frenzy overseas glared at witnesses and spit at
the warden before being executed in;:'the electric chair.

Nicholas Lee Ingram, 31, was pronounced dead at 9:15 p.m. Friday. He
had been sentenced to death for killing a suburban Atlanta man in 1983
during a $60 robbery. a | ny, Th |

Ingram’s execution was widely covered by the British media. In the
days before his death, Georgia prison officials were bombarded with.
phone calls and letters, including one from the archbishop. of
Canterbury, pleading for leniency. |

A wiry man with sunken cheeks, Ingram was led into the death chamber
at 9 p.m., after-the U.S, Supreme Court rejected a last-minute request
for a stay. © \

He spat forcefully at Warden. Jerry Thomas when the warden asked him
if he wanted to make a last statement. When the warden asked him if he
wanted a prayer, Ingram simply closed his eyes.

Ingram's only witness at the execution was his attorney, Clive
Stafford Smith, who covered his eyes with his left hand.

Meeting later with reporters, a, tearful Smith said he was asked to
issue Ingram’s final Statement. He, said Ingram had “total and utter
contempt for the whole system of killing people.” -

Ingram was convicted of abducting 55-year-old J.C. Sawyer from his
home, robbing him, tying him ‘ta a tree and shooting him in the head, He
also tied Sawyér’s wife to the tree and shot her. She survived and
identified Ingram as the killer. 7

Ingram, who held dual citizenship, was born in England in 1963 to a
British mother and American father, The family moved to Georgia a year
later.

Ingram’s mother had asked the British government to intervene, but.
Prime Minister John Major declined. eee
Georgia has executed 19 people-since’the state reinstated the death

penalty in 1983.

cars to the scene of his crime, curi-
osity having gotten the better of
him.

No other neighbor remembered
seeing either victim all day Sunday.
The last they had been observed
was when they had livestock and
chickens Saturday evening. Kindly
neighbors now discovered that the
stock apparently had not been fed
since then and volunteered to per-
form the chores.

A number of Negro farm hands
were suggested by farmers, who
described them respectively as
“bad,” “mean,” “drunk and unruly,”
etc., but Harris quickly discounted
these theories. He was certain the
killer was an intimate friend of the
victims.

By midnight, the chief deputy had
made careful notes concerning at
least 40 possible suspects. One, in
particular, drew his attention. Some
time ago, Perdue sold a man a farm,
who give him some cash and a note
for a thousand dollars.

But rumor persisted among the
farmers that the buyer had not
made good his payments on the note
and was improvident to the extent
he never could. Perdue, the neigh-
bors said, had pressed him with a
threat of foreclosure. This part

Harris disbelieved, knowing that
Perdue—not needing cash himself—
never made unfair demands on his

d buyers.
till, if the man whose name he
fully had noted, was himself

worried over the debt, it might be
possible he could have worked him-
self into a state of frenzy and at-
tempted to settle the whole thing
with murder. It had been done be-
fore, many times before, the officer
knew.

With Waldron and Stokes, Harris
carefully scanned every scrap of
paper which had been gathered
from about the house and piled in a
heap in the living room. If this note
were missing, Harris knew he had
a good clue. Ten minutes later, he
discarded the rumor. Almost on
top of the heap was the note! Surely,
if the debtor were the murderer, he
would not have overlooked it. The
killer had plenty of time to go
through everything in that house,
and did.

But the officers’ attention now was.-

focused on that pile of papers. Per-
haps, after all, it held the tell-tale
clue. Bit by bit they picked up each
piece. In half an hour Harris’ eyes
bulged. Near the bottom of the
heap, clasped together with a paper
clip, were five promissory notes.
Each was made payable to John
Perdue, with various due dates.
Each was for a face value of $600,
or a gross total of $3,000, and all
were signed by the same man.

He studied the boldly scrawled
signature, M. J. Grace, shook his
head slowly as he extended the
notes to the other two deputies.
“Either of you know who this could
be?” he asked. But neither officer

had ever heard of the man, although
both were natives of the county and
could boast of having at least a
speaking acquaintance with nearly
every resident.

Before giving up for the night,
Harris again ran through his copious
notes. There was one more item
that held his attention. For some
time a nephew of John Perdue had
lived with the slain couple. Neigh-
bors whispered he had quarreled
with the old couple; finally he had
left and now was somewhere out of
the county. No one seemed to know
where.

The chief deputy decided he
wanted to see this’ man. In the
morning he would institute a search, -
for surely the nephew would know
more about the private lives of John
Perdue and his wife than any other
living person, He instructed: his
deputies to go home, get a few
hours’ sleep and return to the scene,
as early as possible.

“Tm going to stay. here alone the
rest of the night,” Harris told Wal-
dron. “I’ve got a lot of things to
figure out.” When the last county
car had left, he turned out the lights
and sat staring out.the big front
window into the wintry moonlight
with only the dim eerie glow of dy-
ing embers in the stove to keep him
company.

OR almost twenty years. Harris
had served under Sheriff James I.
Hix, Jr.. whom the voters of Bibb

County continuously _ re-elected.

.During this period he had worked

on so many murder cases he couldn’t
remember all of them. But, he re-
flected, there was not a single un-
solved case on the sheriff’s books
until now.

Unlike most other killings in the
county, this brutal double murder
was fraught with too many clues,
all conflicting. In most cases there
weren’t any clues at all to start
with. But there was one definite
clue in this case. The killer left
after his inhuman carnage, his
pockets bulging with money.

If, thought the deputy, he wanted
something other than money what
was it? The stranger, Mike Grace,
owed the slain victim $3,000. But
here were the notes intact. The
same reasoning applied to the man
who owed the thousand dollars.

As to the missing nephew, he must
know he would certainly be a. sus-
pect. If he proved hard to find, the
finger of guilt would point toward
him.

The bloody necktie discovered ly-
ing on Mrs. Perdue’s corpse puzzled
the officer. There was no evidence
in the whole house of a scuffle. If
this tie were the killer’s, then why
had it been removed from his neck?

When gray dawn at last stole over
the horizon, the veteran officer still
was unable to develop a single the-
ory. Rousing himself he went to the
kitchen, brewed some coffee and
again went (Continued on page 43)

The murder gun, a Smith and Wesson .38 mounted on a .44 frame,
was located by innocent suspects, determined to clear themselves
of suspicion. Finding of weapon led officers to the real killer.

This concrete bridge crosses river where killer said he threw guns

Ike "Slim" Irwin, pictured in the exclusive photograph ahove,
presented a perfect alibi to baffled officers. Each moment of his time
4 on the night of the double murder seemed to be fully accounted for.

taken from his two victims. The guns were never located by officers,
who are shown here planning to drag the stream for the weapons,

r= -

ng
17
id-

re at
soon!
30 do
aid I
aking
ring
come
per-
> re-
rious

me
arow
aan’s

eet ones—to see where they’re regis-
tered.”

I ate my meal rong & and with very
little attention to the food; and when
the women left the restaurant, I fell in.
step with them and said in my politest
tone, “Strangers here, aren’t you?”

They professed high indignation. .
“How dare you speak to us?” “Who
are you?” But I saw the fear in their
eyes. I showed my badge, and there
was nothing for them to do but go
along to the station.

There, sure enough, we identified
them as May Striver and Ethel Holtz,
who had shoplifted in several other
cities before turning their activities to
the lush fields of Pittsburgh. In their
hotel room we found hundreds of
dollars worth of merchandise which
had been lifted from store counters.
The price tags were still on the mer-
chandise, because “fences” always pay
more for og which are properly
labeled. hen we grilled them sepa-
rately, the young women broke down
and confessed.

In 22 years of police work, I am
proud to say, I never have taken an
innocent person into custody by mis-
takingly identifying his face as that
of a wanted criminal.

Often I am asked for advice on how
to stay out of the “clutches” of the
con men, the pickpockets, the bunco
artists, and the like. That is easy.

In the first place, be wary of stran-
gers, especially those who want to get
friendly in ee where the public
congregates, like railroad stations.
Keep your pocketbook in front of

CRIME CONFESSIONS

you at all times. If you’re a man,
don’t put your money in your hip
pocket. The best place is the inside
pocket of your coat. If you are.a wo-
man, don’t go down the street blithely
Swinging your purse by a strap. That's
bold invitation to the pickpocket.
Tuck it tightly under your arm.

. Be doubly careful of your posses-
sions when in a crowd, the subway, a
public meeting or in a theater lobby.

And if someone tries to enter the
same compartment as you in a re-
volving door, watch out. Remember,
that with very few exceptions, pick-
pockets and con men work in teams,
so that while one man is going around
the revolving door with you, his ac-
complice is on the other side to put
his foot in the way and cause a sud-
den, momentary stop. That’s when
your pocketbook goes.

Here are listed, in our vernacular,
the kind of shady characters we plain-
clothesmen are trying to guard you
against: i

Moll Buzzards—the purse snatchers.

Canons or whizzes—pickpockets.

Pigeon droppers—the people who
plant a “lost” pocketbook on the side-
walk, and “find” it in your presence.
They’ll sell you a share in the contents
if you promise not to tell what they
found.

Benjamin lifters—the gent who
takes your hat and coat in a restau-
rant.

Toilet workers—the man who ac-
cuses you of an improper advance in
a washroom, and his friend who plays
officer and cools him down if you pay

some cash.

Keester robbers—The
who makes off with your valise when
you set it down. .

Blisters—streetwalkers,

Among the most vicious of the cur-
rent rackets is coin matching as en-
gaged in by the sharpsters around
such places as bus depots. The sucker
and his new-found acquaintance agree
on signals so they can “take” a stran-
ger. Then the “stranger” sees the
signal and threatens to call the cops
unless all his losings are returned with
copious interest.

metimes even the ka A is a
phoew. part of the gang. never
impressed too much by a badge—
it might be fresh out of the five-and-
ten cent store. Never pay any kind
of a forfeit to an officer on the street,
It is your constitutional right, and
you should demand it, that you be
taken to the police station an prop-
erly docketed. If you are innocent,
you have nothing to fear from that
procedure. If the man posing as an
Officer is trying to give you “the
shake,” he has plenty to fear.

The con men ‘and pickpockets have
a phrase they employ when they see
a plainclothes man nearby and want
to tip off their accomplices. They
whisper one sentence: “The fuzz is
falling.”

Here’s hoping my memory for faces
can keep taking a fall out of some of
those fuzzy characters.

Epitor’s Nore: The names May

Striver and Ethel Holtz are fictitious. ; |

over the entire structure in a search
for something which might have been
overlooked. By the time Deputies
Waldron and Stokes arrived he had
given up the task,

‘I’ve got a hunch,” Waldron said,
“that if Stokes and I cruise about this
country a bit we might find some-
ody who saw the killer driving
around Saturday night. For instance,
I think we ought to check out gas
stations and stores.” Harris agreed,
and the two deputies left.

By noon they had covered more’
than a hundred miles, all within a
short radius of the Perdue home, when
they came upon the crossroads store
of J. W. Hartley, some three and a
half miles from the scene of the
killing.

“No,” said Hartley, “I’m afraid I
can’t be of much help. I closed early
on Saturday night. I’d- sure like to
et my hands on the man who did that
job.” He gazed at the bloody tie which
Waldron held forth, with obvious
curiosity and shook his head. “Nope,”
he said, “I never saw it before that I
can remember.”

The two officers were about to leave
when Hartley said: ‘ a4

“There was a young fellow came in.
here early Sunday morning right*
after I opened. He ordered a coke.
I noticed he was yawning and I said
something, kidding like, and he said,
‘Yes, I been up night; my truck broke
down.’ When he left I noticed he
walked down Marshall Mill road
here.”

Waldron eyed the merchant with
new interest. “You know his name?”
he asked.

“No, I don’t,” came the disappoint-
ing answer. “I know most everybody
around here, too. He was in here once
or twice before, and I think I heard
somebody call him ‘Slim,’ but I
couldn't sure. Maybe he works for
somebody down the road. He’s tall
y thin and maybe twenty-five or
six.

The officers thanked the merchant
and headed the prowl car out Mar-
shall Mill road. True, this wasn’t a

I'M GOING TO KILL YOU

CONTINUED FROM PAGE 31

very hot tip, but then everything was
worth running down. They stopped
at a dozen farmhouses, inquiring for
a man called ‘‘Slim.” But no one had
heard of him. .

After two hours painstaking search,
when it began to er that Slim
must be a kind of phantom, a peach
farmer said: “Why yes, there’s a fel-
low called Slim works for them
Graces over on Fulton: Mill Road.
They only bought that Prace a couple
of months back from old John Perdue
who got murdered Saturday night.
Awful thing, ain’t it, that killing?”

Waldron and Stokes hid their ex-
citement with difficulty. “What's his
name?” they asked in unison.

“Why _I think they call him Ike
Irwin, He’s kind of a good-looking
young fellow but doesn’t talk much.
They sent him over to buy some gear.
He brought it back a couple of weeks
ago and I haven’t seen him since.”

The officers hastily thanked the
farmer and sped back to the Perdue
‘arm,

Chief Deputy Harris listened to the
information with keen interest. The
man who signed
$3,000 was named M. J. Grace. The
man called Slim, who didn’t sleep all
night the night of the murders,
worked for Grace.

From neighbors the officers soon
discovered that a Mike Grace and his
brother, Phil Grace, had bought a
farm ‘on Fulton Mill Road from John
Perdue two months before. Nobody
knew much about the brothers, ex-
cept that Mike had been a sheet-metal
contractor at Detroit and Phil had
moved into the tenant house with his
wife and five children about the same
time. It generally was supposed that
Mike financed the deal.

As_to Slim, he also was from out of
the State. He worked for the Grace
family, but several had heard him
say he came from Kentucky, Then
somebody remarked significantly,
“Mike Grace and his wife lived with
the Perdues for three weeks before
they closed the deal for the farm,”

he chief deputy turned to Waldron

and Stokes. “I’d like to talk to those

ad at Mike Grace’s farm they were

six notes totaling’

> youth yelled.

three men.” He also assigned Depu-
ties Gibson, Robertson and Calhoun
and Bailiff Gene Garrett to go along.

doomed to disappointment. “Mr.
Mike went to Detroit Saturday,” -a
negro farmhand told them.

“Where’s Slim?” Waldron de-
manded.

The boy showed two rows of white
teeth. “He’s sweatin’ down yonder in
od swamp, hawlin’ logs,” the hand
said.

The officers trudged through a
dense thicket, finally came upon an
opening. Sitting on a tractor was a
tall, thin youth who.fully met the
description of the man called Slim.
Helping him was a short man with
trim black mustache and dark com-
plexion. Harris approached the latter
and introduced himself. ‘

“You're Phil Grace, aren’t you?”

The small man pulled off his love,
shook hands and acknowledg the
introduction. “We’d like,” said the
chief deputy, “to have a talk with you
two at the sheriff’s office about ‘the
ae of John Perdue and his wife.”

If the news perturbed the man, he
certainly didn’t show it in the least,
Harris noted. He merely nodded and
signified his intention of leaving at
once. Stokes and Waldron, at the
same time, were ordering the tall,
thin farmhand to dismount from the
tractor. The latter eyed them darkly.
Then, with slow deliberation, he be-
gan to throw the engine into gear.
“You’d better move to one side,” the

“This thing might run
over you.”

Stokes swiftly drew his service pis-.
tol from his shoulder holster. “I'll
give you ten seconds to climb down,”

e@ commanded. -

For several long moments the farm-
hand hesitated, then as if an adept at
slow motion, reached for the ignition
key and shut off the motor. Stokes

character |__

| posit with
| in 10 days,

noted a sneer across the youth's face
as he slowly put one foot down, gra-
dually followed with the other,

COUTIL— BETTER THAN RUBBER-

MIL-I-TRIM
Supporter
lgecevomeats
DOCTOR E. £
PARRISH B

formerly Health fi
Officer of N. Y. Me 4
State, Surgeon- [%
in-Chief of a —%
medical staff of §»

- S. Army,
Radio Lecturer
on. Health.

@ YOU LOOK AND
FEEL OUTH-
“FUL! good posture
means more energy.

@ YOU LOOK SLENDER AT
ONCE! hips, back, and stomach
taken in.

H@ HELPS EXPAND YOUR
CHEST! also when chest expands,
better breathing helps improve

* blood and circulation,

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SRIME CONFESSIONS

On the ground he turned to face the
officer. “Okay, big shot,” he said,
“what can I do for you?” Somehow,
Stokes thought, he didn’t talk like a
farmhand. _ ,

There was a sharp accent in his
speech. - It lacked the soft-as-silk
manner of talking common to Georgia
natives. There was a cold, dispassion-
ate look in his eyes that stared un-
blinkingly. ote

Phil Grace readily agreed to ac-
company the officers and led the way
back to the road through the swamp.
Stokes motioned the thin farmhand to
precede him and followed some few
feet behind. Meanwhile other depu-
ties were questioning Mike Grace’s
wife. If Mike had left Saturday
morning, as the negro farmhand had
said, he held little interest for them.

But Mrs. Grace told another story.
“He’s in Chattanooga,” she said.,

“When did he leave?” a deputy
asked.

“Monday morning,” came _ the
prompt reply. But she wasn’t sure
where Mike could be found. The
deputies hastened to the sheriff’s car
and sped to the office, intent on call-
ing police at Chattanooga. Mike Grace
must be found. In the other car, Slim
Irwin, the farmhand, stared glumly
ahead, occasionally muttering a pro-
test at being taken from his work.

When the party reached the court-
house, Harris found a bland-faced
youth waiting in his office, bearing an
expression of deep concern. He iden-
tified himself as John Perdue’s
nephew. :

‘I came here,” he said quickly, “be-
cause I figured you might want to talk
to me.. I lived with Uncle John for
several months but I haven’t seen him
since last fall.”

With obvious sincerity, he told of
his movements over the week end. If
his story was true, he was 50 miles
‘from the scene of the crime at the
time it happened. After an hour,
Harris ordered him to remain within
easy — distance and directed
officers to bring in the farmhand,
Ike Irwin, better known as “Slim.” |

Harris’ decided on immediate di-
aze at the
sullen youth. “You have,” he began,
“a_.38 pistol. Where is it?”

Irwin stared back ee eey, “J
never owned a gun in my life,” he
said. “If you’re trying to pin that
Perdue kil ing on me, you haven’t got
a chance.” He grinned ironically. “I
have a perfect alibi,” he added with a
slight sway of his head.

“Suppose you don’t waste words and
tell me,” Harris snapped.

Irwin lighted a cigarette with de-
liberation. Harris noted he showed
not the slightest nervousness.

“All right,” he began, “Saturday
evening early I went toa picture show
in Macon, in Mike Grace’s truck. On
the way home I picked up two sol-
diers from Camp Wheeler. They said
they would buy gas for the truck if
I'd take them to a dance at Shorty’s
Tavern on Houston Road, so I did.

“After that,” he: continued, “we
went over to Bell’s Tourist Camp, then
came back to Shorty’s. There was a
big fight there and the soldiers dis-
appeared, so I went home to Mike
Grace’s, where I sleep. I got there at
1:05, and when I opened the door to
my room there was a man and woman
in my bed. They were visiting Mike.

“So I went to another bedroom and
got in with Mike’s boy. I got up at
six and milked the cow; then I took
Mike’s truck and started ov2r to
Henry Looney’s farm—that’s lAike’s
father-in-law. Near Houston Road a
king pin broke in the front wheel and
I had to hitch-hike to the Looneys.”

Harris interposed. “And you
oe at Hartley’s store for a coke,
didn’t you?”

The dark-eyed youth seemed
startled for a split second, then re-
gained composure. “Yeah, that’s
right,” he said. Then he continued:

“Looney drove me to Macon jin his
car to get a king pin, and we came
back and fixed the truck. After that
I had breakfast with the Looneys,

and then we both drove to Mike

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Grace’s farm—me in Mike's truck and
Henry in his car. And that,” he ended
with a faint trace of a grin, “is the
whole story.”

Harris gazed at the brazen-faced
youth for several long moments, then
asked, “How come you told Hartley in
his store you didn’t sleep all night?”

Irwin arched eyebrows in mock
surprise. “Did I say that?” he asked
with slight sarcasm. “Well I did only

et about four hours sleep at that.”
Roure of questioning failed to shake
his story in the least. He insisted he
didn’t even know where the Perdue
family lived. Harris ordered the youth
locked up and dispatched deputies to
question Henry Looney and his wife
Po psc the latter part of the alibi
tale. ‘

“Yes sir,” Looney said readily, “Ike
hitched-hiked here Sunday morning.
His truck broke down. I drove him
to town to get a king pin and we fixed

“What time did he get to your
house?” the deputy asked.

Looney studied for a moment.
“Why, I'd say it was going on five,”
he said finally. “I wasn’t out of bed
very long.”

The officer’s mind raced back to Ike
Irwin’s story. He said he had milked
the cow at Mike Grace’s farm at six
am. “Thanks,” he told the farmer,
and sped back to the courthouse.

Faced with his story, Irwin grinned
sheepishly, then frowned. “I could
be wrong about the exact time,” he
said. “I didn’t have a watch with me.”

Meanwhile, Chief Deputy Harris
found Phil Grace much more co-
operative. The small, mustached man
was anxious to clear himself and his
brother, Mike, and told a straight-
forward story. Readily admitting his
brother owed John Perdue $3,000 in
notes, he declared this indeed was a
small matter in Mike’s business af-
fairs and that Mike could well afford
to pay the notes off in full if he
cared to,

“He owns a tourist camp at: Chat-
tanooga and he’s got pro erty at dif-
ferent other places besides,” he said
earnestly. “Besides,” he said, “Mike
is not a bad man. He never has been
in any trouble and pays his debts
promptly.”

As to the movements of the Grace
family Saturday night, he said that
Mike and his wife, and a W. J. Stevens
and his wife had come to his house
and played cards until after mid-
pe After that Mike and his wife
left with the Stevens family whom
they took home as their all-night
guests. Mrs. Stevens was Mike’s sis-
ter. She and her husband lived at
Savannah and. returned to that city
Sunday.

Harris recalled that Ike Irwin said
a man and woman were sleeping in his
bed when he got home cals fandey
morning. That would be Mr. and Mrs.
Stevens. He reached for the phone
and called Savannah police, briefly
outlined the story. “I wish you would
check it out with Mr. Stevens,” he
said. Savannah headquarters prom-
ised prompt co-operation.

i. the end of the day the case was
no nearer solution than at the be-
ginning. Harris, Waldron and Stokes
reviewed Ike Irwin’s alibi tale, which
had been taken in shorthand, trying
to find loopholes. There seemed to be
plenty, but the trick was to prove it.

The dark youth’s room and per-
sonal belongings were searched, but
officers found only a few dollars in
small change and no clues. No sign
of a pistol. Neither did anyone who
knew Irwin remember ever seeing
him with a gun. Also, there still was
no word from Chattanooga as to the
whereabouts of Mike Grace.

Next morning Harris found the lat-
ter waiting for him when he arrived
at the office. With him were two
prominent Macon attorneys and a
fourth man whom the lawyers intro-
duced as W. J. Stevens, Mike’s Satur-
day night guest.

“My wife pte wees me at Chat-
tanooga last night,” Mike Grace be-
gan. “I thought I'd better hurry back

@emgemoad taece: Dense 2enawe

roenrs

Prem sp

truck and
‘he ended
n, “is the

izen-faced
ents, then
Hartley in
ll night?”
in mock
he asked
{ did only
at that.”
to shake
isisted he
e Perdue
the youth
sputies to
his wife
the alibi

dily, “Ike
morning.
cove him
we fixed

to your

moment.
on five,”
it of bed

ck to Ike
d milked
m at six
farmer,
duse,
rinned
“I could
ime,” he
vith me.”
Harris

as been
s debts

e Grace
uid that
Stevens
s house
Tr mid-
lis wife

whom
ll-night
<e’s sis-
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lat city

vin said

) gin his
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tl would
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prom-

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——_—_——-

here and clear things up. Also,” he
added, glancing toward Stevens, “I
thought maybe you’d want to talk to
him, too. e and his wife, who is my
sister, spent Saturday night with us.”

The chief deputy turned his atten-
tion on Stevens. “Did Ike Irwin, the
farmhand, come into the bedroom
after you retired Saturday?”

Stevens’ answer was instant. “Yes,”
he said, “Irwin came in about 2:30
I'd say. I woke up when he opened
the bedroom door but didn’t say any-
thing. He crossed over to the dresser,
opened the drawer and fished some-
thing out but it was too dark for me
to see what. Then he tiptoed out of
the room. Shortly after that I heard
a car start up outside. It sounded like
Mike’s truck. Then I heard it leave.”

The chief deputy leaned forward,
looking intently at Stevens. “You are
certain you heard the truck drive
away?”

“Positive.”

Lietaag Og Mike Grace, he asked
quickly, “Mr. Grace, who milked your
cow Sunday morning?”

“Why, I did,” Grace answered.

Harris rose to his feet. ‘“Gentle-
men,” he said, “you have been more
aid to me than you know. You can
do one more thing to clear up this
ease. Are » vin willing to help me &
me ° real killer of John Perdue and his
wife?”

Both men assured the chief deputy
they would do all within their power.
“It looks bad for me with those notes
and everything,” Mike Grace said
with a tone of obvious sincerity. “You
sure can count on me.”

“All right,” Harris said quickly,
‘Tll give you a chance. I’m satisfied
that somewhere on your property
there is a .38 pistol—the one that mur-
dered those two innocent people. Get
me that gun, and this case is solved.”

Thursday morning, when there still
were no developments, the chief
deputy strummed his desk with im-
patience. During the entire week,
Sheriff James Hix had been confined
in a hospital with a serious illness.
The responsibility of maintaining
Hix’s record of no unsolved murders
in twenty years fell on Harris’
Shoulders.

He was about to put on his hat
when in walked Stevens. The latter
reached _ceremoniously in his over-
coat pocket, wordlessly brought forth
a long, hard object wrapped in a red
handkerchief and laid it on the table.

Harris untied the knot, disclosing
a .38 Smith and Wesson revolver on
a 44 frame. Quickly breaki the
gun, he saw six exploded shells in the
chamber. Excitedly he recalled there
had been six shots fired in the Perdue
home on the ill-fated night—five into
the bodies of the two victims, one
more into the diningroom wall.

In addition to the gun, there was
a match box in the strange package.
Inside this were several unexploded
.38 cartridges.

“I found it,” said Stevens, “hidden
in the ceiling between the wooden
lining and the floor above. It was in

He’s parking the car.”
Mike.ever: see. this gun

‘ace,
“That your gun?” Harris demanded.
“No,” Irwin answered hoarsely. “I

never saw it before.”

Fifteen times the chief deputy
monotonously repeeree the question,
Suddenly the 1, slim farm helper
looked up.

“Yeah,” he muttered, “it’s mine. I
said it wasn’t because I thought you’d
“ those murders on me.’

“You never thought more correctly
in your life,” Harris snapped. “You're
going to the chair for this killing.

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I'll give you just ten minutes to talk,
but you don’t need to.”

At the end of this Soom the youth
was shaking visibly. Finally he said,
“I got a headache. You let me talk
a few minutes with Mike and Phil.”

Harris quickly complied with the
request and left the three alone. A
few minutes later Mike Grace came
from the room, tears streaming down
his face. Following was his brother
shaking his head in solemn disbelief.

“He'll talk now,” Mike said.

Before a stenographer, Ike Irwin
repeated his previous tale up to the
— of finding the Stevenses in his

ed Saturday night. After that, he
declared, he decided he’d go over to

a headlight on the truck went out
when he was near the Perdue house,
so he decided to stay there all night.

“I hollered, and Mr. Perdue came to
the door,” he said. “I told the old
man my truck lights were out and I
wanted to stay all night. He said,
‘Come in, Ike.’ We smoked for maybe
45 minutes, and he fixed the front-
room bed for me. I said I wanted a
drink of water, and he told me to go
.to the kitchen and get it. I did, and
when I turned around there was Mr.
Perdue pointing a pistol at me.

“He said, ‘I’ve got it in for you.
I'm going to kill you.’ He shot at me
twice but I dodged. Then I shot and
killed him.”

At this point an expression of: sour
contempt came across the chief
deputy’s face but he permitted Irwin
to end the tale. ‘

“Mrs. Perdue,” the killer went on,
“got out of bed after all that shooting
and came to the door with a pistol in
her hand. She said,
husband; I will kill you.’ She shot at
me once but I dodged. Then I killed
her. I picked up Mr. Perdue’s gun,
which was a .38, and Mrs. Perdue’s
gun, which was a .22, and ran out to
the truck. When I got to the Seven

Bridges, I threw their two guns in
| the creek. When I got to ighway
to leave

41, the oe broke, so I had
the truck and go to Looney’s.”

In explanation of the ransacked
dresser drawers, he declared Mrs.
Perdue must have done this while
searching for her gun.

“And that’s a lie too,” Harris de-

clared. “In fact you were so nervous,
you didn’t notice that when you
scooped clothes from the drawers
with your bloody hands -you flung
out a necktie which dropped on Mrs.
Perdue. So she couldn’t have done
it. You got the blood on your hands
when you took the money from her
neck.”
For answer the murderer ‘stared at
the floor. An all-day search in the
shallow creek at Seven Bridges failed
to disclose any trace of ‘the weapons,
as expected. Irwin was quickly
charged. with first-degree murder.
The .38 pistol, together with slugs
found in the victims’ ies, were
rushed to FBI at Washington.

All ay amps of any blame what-
ever for the crime was removed from
John Perdue’s nephew. As to Mike
and Phil Grace, their alibi was com-
pletely verified and th

It took the jury exactly fifty min-
utes to find Irwin. guilty. They
reached their verdict without recom-
mendation, and the killer was sen-
tenced to die at Georgia State Prison,
on March 20th, 1942, The sentence
was duly carried out, and the murder-

ous farmhand os with his life for
Georgia’s brutal double murder,

Looney’s house and sleep. However, |

FALSE TEETH
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MINED Ann CU

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UNITED STATES
BONDS AND STA

(Isaac) IKE HOOPER hanged Augusta, Georgia, 2-19-1875.

"Yesterday morning the execution of Ike Hooper, the black, who killed Howard Satterwhite,
also black, in Dec., 1873, took place in the yard of the county jail about ll o'clock
in the presence of only a few persons - Hooper's spiritual adviser, his stepfather,

the sheriff, a constable, his counsel, the workmen who constructed the gallows amd 2 or
3 others. 3 o

"One night in Dec., 1873, Gardner's Brass Band, composed of colored men, went out to
serenade a colored friend just married, $4 the Southern part of the city. Returning
from the serenade, a difficulty occurred between Ike Hooper, who was temporarily with
the band, and Howard Satterwhite, a member of it, in which the latter was cut by Eooper
and soon died, Hooper was arrested and tried when, it appears in evidence, that he

was at enmity with all of the band and had made threats against them. M. P. Foster,
Eso., acted as counsel for him, and did all in his power for his client, .

"Hooper was found guilty of murder and Judge E. H, Pottle of the Northern Circuit, pre-
siding in place of Judge Gibson who was indisposed, pronounced the sentencés

"The case was carried to the Supreme Court of the State and sustained (52 Georgia 608)
tis attorney carried a petition sioned by many citizens, several of the jury, some of
the legal fraternity and others to the Governor, praying for a commutation, Foster a nd
Hon, P, “alsh, Representative in Legiskature, visited Governor in person in carrying
petition to him and on last Monday telegraped refuaal to Mr, Foster. Hooper received

. announcement with composuree :
"Catholic Priest, Rev. FatherLechner, had for some time past been spiritual advisere
"Scaffold erected in rear of kitchen of jail, surrounded on three sides with high brick
walls, and on the east side by kitchen, A large crowd gathered in vicinity of jail by
10 AM, composed mostly of blacks, and roofs of several houses in vicinity where there
was some chance of obtaining view were occupied by those who could obtain privilege,
Additionally, seaté on libms of trees cormandin# view of jail yard were at a premiuem
and all occupied until police cleared.

"At 7:30 AM, solemn High Mass was celebrated in chapel of jail by Father Lechner, service
continuing mearly 2 hours, Hooper was in chapel and absorbed in services, Al} prisoners
present with officers of jail and a few outside visitors, At conclusion, Hooper was
escorted to cell where he remained alone with Father Lechner until called for,
"Thursday his wife and mother visited him and interview excited him very mich, His
stepfather alto fivisited. In speaking to relatives he told them not to grieve for him
but think of their own condition and grieve on that account, speaking at some Length,
About 7 o'clock PM Thursday, Mr, John Bridges, son of jailer, who had been very kind

to Hooper in confinement came to cell to bid goodbye and when in shaking hands with
him, tears came in his eyes and he shook all over but soon recovered after Bridges had
left, Father Lechner then arrived and remained throughout night, About 8:50 ° :
Father Pedadergast with Father white of Wilmington, N, C., visited in cell and left
Father Lechner engaged in prayer, About 1 aM Hooper very nerveous and almost overcome
but recovered and laid down upon bed by advice of the Father, He slept about an hour
when he arose and resumed prayers which continued until time for Mass,

"Early yesterday he put on newsuit of black - pants, vest and coat, with white shirt
and collar with black tie which were furnished by Priest. About 10 o'clock Attorney
Foster received tlegram from Hon, Patrick Walsh saying he had made final effort with
Governor to no avail, Sheriff Sibley reached jail

cell they were ready for him, He immed

guard to the hall where the Sheriff rea

Father Lechner read servive for dying while standing in front,

his arms had been pinioned to his side but hands left free. A

he rose to fett and shook hands with those present that he knew.

by sheriff and priest, he walked out of rear door of jailm, calmly and fir

gate to scaffold which he ascended without flinching, After noonse had been a

sheriff asked if he had anything to say and he merely bowed head and said nothing.

Gap drawn over head , the Sheriff reifred and the drop feld, Father Lechner knelt
beside scaffold, with onbody by Sheriff Sibley actually going on it with him, He —

was pronounced dead in 20 minutes from time drop fell, Neck broken by fall, Body c
down after 33 minutes, placed in coffin and body taken to Catholic Church where aie

rites held and then interred in Colored Cemetery. A large crowd of blacksaccomp
hearbt to church and cemetery. ;

s having regular dates with one of
ymbers.

ile was cagey at first about giving

» any information, for bombing is a
crious offense in Georgia, punishable
by death. But I cultivated our friend-
ship, aceeded to his every request, no
matter how distasteful, and piece by
o.ece I was able to patch together the
whole story.

I passed what I learned along to
Chief Sturdivant and a few days later
{wo of the men I had named were ar-
vested and charged with throwing the
bombs. They were Fred Harris and
“. A. Briscoe, Junior. A third man also
was arrested but the case against him
inally was dropped. Harris and Bris-
‘oe confessed.

You can imagine my surprise when
! was arrested and locked up. Written
after my name in the jail book was the
same charge, which meant that I, too,
faced death in the electric chair!

I was dumbfounded. Chief Sturdi-
vant knew that I really was not a
member of the gang. Still, I was locked
up. After a short time, however, I be-
gan to see the light, for I was released
under $300 bail, despite the fact I
was charged with a capital offense.
Apparently the police had deemed it
wise to arrest me, too, to protect me,
{ decided. But I was wrong.

The next time I called at Fulton
Tower to visit Bill and Marvin I was
locked up again and held without bond
on the bombing charge. Again I was
dumbfounded. It wasn’t until days
later that I discovered that the District
Attorney’s office thought that I was
a member of the gang, regardless of
Chief Sturdivant’s explanation that I
was only a police informer. The Dis-
trict Attorney had me indicted, along
with Briscoe and Harris, but finally
I was released under bail. The indict-
ment, by the way, still hangs over my
head.

But by this time other distressing
events were piling up on me. I was
spending as much time as I could
with Marvin and we were doing every-
thing possible to expedite his divorce
so that we might be married before
lie was sent to the electric chair. I
might explain here that I actually was
eager to marry him, not for myself
but because I felt that becoming his
wife, if that was what he wanted, was
the least I could do to make his last
days on this earth as happy as possible.

ans jailers always had overlooked
some of the regulations governing
visitors to prisoners in my case and
{ had sometimes seen Marvin after
visiting hours. One evening, however,
I was refused admittance. I was in a
highly nervous state, of course, and I
spoke sharply to the guards. I don’t
know exactly how it happened but
there was a short scuffle—and I was
locked up again. I thought little about
it until the next day, when I learned
that I had been indicted again, this
time on a charge of assaulting and at-
tempting to murder a jail guard.

I could not take the charge serious-
ly, especially since I was freed under
nominal bond. More as a joke than
anything else I filed a damage suit for
$100,000 against the Sheriff and two
of the jailers, claiming that I really
was the one who had suffered injuries
in the scuffle at the jail door. I dropped
the suit but the indictment against me
was not dropped.

The trouble with the jailers did not
improve my nervous condition any, of
course, and I was hardly out of jail
again when I discovered that Marvin’s
mother and his family were proposing
legal action, if necessary, to prevent

my rarriage to him. This was a crush-
ing blow, and coming on top of all my
other troubles it was simply too much
for me to stand.

I try to forget now the fit of de-
spondency which seized me. I felt that
I was overwhelmingly defcated by life
and that there was no place left for
me in the world. I swallowed poison
that evening in the lobby rest-room of

true, even when I was locked up in a
cell at the farm.

3ut my sacrifices as a police inform-
er in Atjanta and other services I had
rendered authorities there stood me in
good stead. My case was taken before
Governor Talmadge and he granted
me a full pardon. I was freed inside
of three weeks.

I arrived in Atlanta again to learn

During a recess of Marvin Honea’s trial for murder, he talks
with the girl he came to love through prison bars, Aileen Sisk

a downtown Atlanta hotel and I really
hoped that I would die. I was rushed
to a hospital, however, and treated.
And the next day, when I was well on
the way to recovery, I realized what a
silly error I had made. That is one of
the incidents in my life that I wish I
could blot out of my memory.

I was brought to trial on the indict-
ment charging me with assaulting the
jailers. Even in the courtroom with a
jury watching my every movement it
was difficult for me to realize that I,
a slender young girl, was accused of
attempting to murder two husky pris-
on guards without a weapon of any
kind.

But the jury believed the case
against me; I was convicted and sen-
tenced to serve one year at the Georgia
State Farm for’ Women at Milledge-
ville. I could hardly believe it was

that Marvin’s divorce would be final
early in December. And I learned that
his family had obtained a court in-
junction forbidding our marriage when
he was free on the grounds that I
would bear the name of Honea after
his death “to the detriment of the
family name, and reflection upon
younger children of the family.”

Of all the tragedies that have be-
fallen me I think this was the worst.
The accusation that I would damage
the family name more than it could be
damaged through the execution of
Marvin as a murderer was almost be-
yond my comprehension. But the in-
junction had been granted and I could
never become Marvin’s wife—at least
not in name. ’

The last few days before Marvin’s
death were cheered for me somewhat
by the announcement that Governor

Talmadge, largely because of my
“missionary work,” had granted a
commutation of my brother Bill’s

death sentence to life impr:sonmcnt.
But another fit of despondency scized
me as the execution day drew closer.
1 survived it, however, without doing
anything for which I am sorry.

Marvin was to die in the electric
chair on December 20, 1935—a year
to the very day after he had snuffed
out an innocent man’s life in the Cen-
ter Hill robbery. I was not permitted
to see him except for a few minutes
once a week toward the end, bul we
exchanged daily letters and every one
of his is wrapped with the others in a
little bundle that is my most prized
possession.

On the evening of December 19, I
paid my final visit to the man I loved.
His mother and sisters were at the
death house, too. I passed unnoticed
into the cell block with them. In their
presence I kissed Marvin for the last
time. One of his sisters kept tugging
at me. I shall never forget his last
words, an anguished cry:

“Even now they try to separate us!”

I sat alone in a bare, dismal bed-
room that night. I was waiting for the
light to dim, even though I knew it
wouldn’t because Marvin was being
executed in Milledgeville, many miles
from Atlanta. But I watched that little
electric bulb as if it had me fascinatcd.

There were no tears that night. I
was past weeping; my mind was blank
with despair. For I had tasted the fruits
of love and lost them; I had learned
that there can be happiness in this
bitter world—for others, not for me.

Every tick of my watch was excru-
ciating in its agony. Every second that
passed seared my brain. Every auto-
mobile-horn that sounded in the street
below drove an electric shock through
me. In a few hours—no, not hours
now, but minutes, even seconds, the
man I loved would be killed, those
hands that had caressed me so tender-
ly would jerk with the contraction of
death, those sparkling blue eyes that
had told me of life and love and happi-
ness would stare sightlessly from
gaunt, hollow sockets.

I could feel the hand that pressed
the switch tearing at my heart, de-
stroying my very soul.:.

Somehow that night passed for me.
I am not thankful that I lived through
it. But I must go on living; I cannot
give myself up in despair—why, I do
not know.

Already I have discovered that the
road back is a thorny one. Under an
assumed name and with my identity
unknown, I found a job as a waitress
in an Atlanta restaurant, intending to
remain as close as possible to my dear
brother Bill. A drunken newspaper-
man came into the restaurant one day,
recognized me and attempted to make
a date. Needless to say I spurned his
advances. He told my employer who
I was and I was fired. Perhaps it will
always be that way, throughout the
rest of my life.

It may be necessary for me to move
to a distant State, where I can begin
a new life unmolested. Time may heal
my wounds. At least I hope so. It is
too early for me to think of finding
another love in my life. About that I
shall not comment.

There are questions, I know, in the
reader’s mind. But I cannot tell more
than I have revealed here without in-
volving others. I can say that I am
Marvin Honea’s widow in everything
but name. My heart played me a
ghastly trick. But I loved him, and
I’m proud to have belonged to him,
even if he was a murderer.

Smashing Hollywood's Vice Ring (Continued frem Page 36)

ished with the call she was on at that
time.

But, when Barney arrived with
Joan, he did not come up to the door
as he had done with the Gray girl. He
only hesitated across the street, un-
aware that Gunderson stood only a
few feet from him in the shadow of a
huge tree. Imler waited in the hall for
Joan, entering the Potts apartment

ADI

directly behind her. In a moment, we

-had the handcuffs on the girl—before

she had opportunity to warn Barney.

At that time, we did not know where
he was but were trusting Gunderson
to pick him up if he had appeared.
Gunderson reported a few moments
later that he had not stopped Barney
because he felt that at least two men
should make the attempt at arrest. We

agreed with him, well aware of Bar-
ney’s propensity for gunplay. We dis-
cussed just how we were going to lure
Barney back to Cecilia’s place.
Meanwhile, the worried client was
unavailingly begging to be released
from his position as hostage. Still we
were deaf to his entreaties, his offers
of huge bribes. We waited perhaps
half an hour and then told Cecilia to

telephone Gloria for the third time.
Now, she was to ask that Barney come
for the girls. Gloria said she would
send him right over; the girls were
needed elsewhere. Gunderson and Im-
ler went to the street to wait for him;
we remained in the apartment with
our prisoners: the weeping Cecilia,
the now haggard, perspiring client, and
the girls.

181 SOUTHEASTERN 16

HONEA, Marvin, 29-year-old white man, electrocuted at Georgia State Prison (Fulton County)
on Dec. 20, 1935.

The following is condensed from Atlanta JOURNAL of 12-20-1935 Photograph of Honea on page
six): Honea was convicted of the murder of David Lord, a relief worker,in a filling sta-
tion holdup in Atlanta, He went to the chair a year to the day after Lord, a by=stander,
was shot because he was slow in obeying an order to 'stick 'em up.! Went to the chair
quietly after thanking the warden for the treatment accorded him at the state prison,

Ke had previously told the warden that he shot Lord, but not intentionally, syine that

he had an autombatic pistol in his hand and in the excitement of the holdup pressed the
trigger accidentally. Five shocks were administered before he was pronounced dead, He
went to the chair at 10 aeme, and was pronounced dead 8 minutes later. His girl friend,
who had been expected for a visit, but she did not arrive. In the last week, Gowernor
Talmadge had rejected two separate clemency please A commisSbion appointed by the Governor
to examine Honea and rule on his sanity and they had ruled him sane on Nov, 26 (nothing
in JOURNAL for 11-25, 11-26 or 11-27), and eight days later, he stood trembling and with
eyes jerking whilehe heard the death sentence again pronounced in Fulton Superior Court,
Several months of his imprisonment were marked by almost daily visits from Aileen Sisk,
sister of his companion in the murder, The girl said she met Honea after the slaying

and fell in love with him. She annofinced her intentions of marrying him, and he secured
a divorce from Mrs, Bessie Honea, the first of two wives. Since his parents instituted
proceedings to halt the promosed marriage, the girl renounced her intentions to wed him,

The following condensed from JOURNAL of 5-10-1935: Honea and S. W. Sisk were given the
death sentence while Sam Daniel got a £ife sentence, Lord murdered in a station near
Center Hill, Mrs, SX#KXX#HHHXHAXHHK Honea, who he subsequently divorced, testified at the
trial against Sisk and Daniel but, because of Georgia law, could not testify against her
husband.

Because | Loved a lviurderer— (Continued frem Page 23)

Ik. McCrary, Fred Battle, Bh. S. Aerce
and J. Miram. Davis, was working day,
and night endedvoring to turn up a
lead. About a week after’ the Center
Hill killing the detectives and a stool-
pigeon were ‘cruising through the city
Jate at night when suddenly: the in-

former pointed to two men, on the:

sidewalk.

“That young fellow there just; es-'

caped from Clayton County prison
farm,” he said. | men '

The detectives piled out of the car
with drawn guns. The two men started

to run. The elder one escaped but the |

one accused by the informer was ar-
rested after a short chase. At police
headquarters he gave his name as
William Sisk and admitted that he
had escaped from Clayton County,

where he was serving twelve months,

for carrying a concealed weapon,

Yes, he was Bill, my brother, I had
seen him frequently during) the | pre-
ceding few years and he had visited
me in Charleston and Savannah a
couple of times. He had written me
right after being sentenced to the
prison farm and I believed his ex~-
planation that the police had nabbed
him while he was carrying a_ pistol
from a gun shop to the home of a
friend. I replied by the next mail,
urging him to “keep fighting,” and as-
suring him that I was ready to help
him in any way I could.

Well, Bill was questioned at length
by the police, who finally became con-
vinced that he was not the holdup man
they were seeking, so he was returned
to the Clayton County convict gang.
The detectives, however, began check-
ing up on the Atlanta address he had
given as his residence (he had long
since departed from home) and a few
days later they received a complaint
from a citizen that suspicious-looking
men were frequenting the house.

Detectives “shadowed” the spot and
found the reports true. They raided
the place and arrested a number of
men, among them Marvin Honea, 28,
a merchant seaman originally of At-
lanta, but claiming Portland, Oregon,
as his home. They also found a couple
of pistols in the place, which were
taken to police headquarters.

Honea fitted the description of one
of the holdup men who had been
terrorizing Atlanta. Then it was dis-
covered that Honea’s name had been
on the FERA construction gang payroll
which had been checked in the search
for Lord’s slayer. The Fulton County
police became interested in the pris-
oner, and Mr. and Mrs. Thomas Bag-
well, sister and brother-in-law of
Honea, with whom he made his home,
were questioned.

I never have learned the exact de-
tails of what followed but I have been
told that Bagwell admitted he had
loaned an automatic pistol to Honea
the evening before Lord was shot. He
identified one of the weapons: found
in the raid as the gun. Ballistics tests
proved that this automatic was, indeed,
the pistol that had been used to kill
the construction gang straw-boss.

Armed with this information and
pretending that Bagwell had told them
that Honea was the killer, the detec-
tives questioned the prisoner again. He
broke into tears and within a short
time had dictated a complete con-
fession.

‘tf KILLED the man, but I swear I
didn’t mean to doit. The gun went
off accidentally,” Honea explained.

Then he named Bill Sisk, my
brother, as his accomplice in the mur-
der. Sam Daniel, a youthful resident
of Center Hill, had been the “finger
man” in the robbery-shooting, and had
been crouched out of sight on the floor-
boards of the get-away car.

My brother had accompanied Honea
to Center Hill intent upon robbing an-
other man whom Daniel had told them
carried large sums of money, Honea
explained. But they were unable to

locate this man and finally Daniel sup-
gesled that they hold up the Nakestraw
filling station. They did, with tragic
results. |

Of course ‘the Atlanta police hurried

“to Clayton County. Within a couple of

hours Bill was locked up charged with
murder. And this is where I came into

; the picture. I read in‘the newspapers

that Bill had been accused of killing
a man, so I quit my job in Hartford

‘'and traveled to Atlanta as fast as I

could get there. The detectives allowed
me to visit Bill in the jail immediately
after I arrived and I discovered that
he was implicated much more than I
had believed. |

Not only had Honea implicated him
definitely in the murder, but numer-
ous victims of recent holdups in At-
lanta also had pointed out both Bill
and Honea as the bandit pair that had
robbed them. A taxi-driver even iden-
tified Honea as the man who had held
him up, then shot him and left him to
die. The identification was made by
the driver from a hospital bed. He
finally recovered.

I have promised not to present an
alibi for any of my actions. But what
woman would turn on her brother in
a situation like this, especially when
that brother had been a true friend
and pal since babyhoud? Naturally the
crimes he was charged with sickened
and disgusted me. And the over-
whelming evidence against him forced
me to doubt his protestations of in-
nocence. But for all of that I was loyal,
ready to do all that I could to aid him.

I attempted to locate old friends of
our family, to borrow money for at-
torneys. I had little success at this,
and for a time I had to content myself
with visiting Bill as often as jail
regulations would permit, seeing to it
that he was supplied with cigarettes
and other necessities.

| BELIEVE it was on my third visit
to him that the die was cast against

me. Bill whispered as I was leaving:

“Leeny, they'll probably try to
frame me. See if you can’t visit Honea
and tell him to keep his mouth shut.”

I nodded. But the jail guards would
not allow me to visit the killing bandit.
The next time I called on Bill, how-
ever, I changed my tactics. I kidded
the turnkeys about visiting such a
“desperate character” as my brother.
Then, still in a kidding way, I asked:

“Say, where do you keep your really
bad men? I'd like to see some of
them.”

The jailer pointed to another end
of the prison.

“Right down there. Come along and
Y’ll show you some real killers.”

I caught my breath and my hands
shook, but I managed some kind of a
facetious remark. The guard paused in
front of Honea’s cell.

“There’s a real killer,” he said,

‘pointing.

I don’t remember exactly, what we
said but there was good-natured ban-
ter between the three of us for a few

moments.

“So you're the man that got my
brother mixed up in all of this,” I fin-
ally said. “I’m Aileen Sisls.”

Honea didn’t reply for a moment.
“Gee,” he said finally, “1 didn’t know
Bill had a pretty sister like you. I
hope you come to see me again. Come
every time when you visit Bill, can’t

ou?”

We chatted for a couple of minutes,
then, on the pretext of looking inside
his cell, I walked close to the bars and
whispered:

“Bill says to keep your mouth shut.”

Honea stared at me and I knew he
understood. I walked away.

I really had no intention of ever
visiting the man again. I hated him
for squealing on Bill. But every time
I called to see my brother the jailers
told me that Honea had been asking
about me. Finally I broke down and
asked permission to speak to him. If

‘the turnkey: only had not been kind

enough to grant my request, 1 surely
would have avoided most of my
troubles. But fate seemed to be paving
the way for me.

Marvin was smart-alecky during
that second visit. “You know all that
money they say I’ve stolen,” he said,
laughingly. “Well, I got it all hidden
outside. When T get out of here you
and I will take it and go to Europe.
ae would be something, wouldn't
it?”

KNEW he was joking but I almost

ran screaming away from his cell, I
was so horrified. However, I steeled
myself to smile and return the joke,
hoping to cheer him up. When I left
I had forgotten I had been talking with
the murderer who had led my brother
into such a mess.

I was a little sad as I walked out of
Fulton Tower where the. two boys
were confined, for there was some-
thing pitiful about Marvin. He had a
far-away look in his eyes sometimes,
and he seemed deeply depressed when
he wasn’t trying to joke.

I didn’t realize it but my sadness
indicated that the seed of love had
been planted. If I had only known, it
would not have been too late to turn
back then. I should have realized that
pity arouses a woman’s mothering in-
stinct and ‘that mothering and loving
are closely akin. But, in truth, I saw
nothing alarming in the urge I felt to
visit Marvin the next day and to try
to help him.

I suppose there is no need of recit-
ing the step-by-step details of how my
pity ripened into love. As a matter of
fact I hardly know myself. After a
few visits I discovered that I felt fully
as loyal to Marvin as I did to Bill and
it never occurred\to me that I could
bring cigarettes and small luxuries to
my brother without also bringing them
for the prisoner down the corridor.

It was the day before Marvin went
to trial for murder that I finally dis-
covered what had come over me. The
jailers were always joking with me
when I came to make my visits, but
this afternoon one of them said:

“Pretty hard for you two love birds
to do much real cooing between the
bars, ain’t it?”

I didn’t reply, and as I walked down
the corridor the question bothered me.
Were we love birds? Was I really in
love with this condemned man? Con-
demned, I say, although he was yet to
be tried. 1 was convinced that he was
guilly and cqually convinced — that
nothing could save him. I did believe,
however, that the automatic pistol had
gone off accidentally, as he claimed.

I was still pondering the question as
I stood talking with him through the
bars, and J laughingly repeated what
the jailer had said. Marvin didn’t
speak. He reached out and took hold
of my hand, and suddenly I realized
that he was staring intently into my
eyes, searching for a silent message
there.

1 still don’t know how it happened
but the next I remember I had Marvin
clasped to me as tightly as the bars
would permit, and I was showering his
lips and cheeks with hungry kisses that
were doubly sweet because they were
moistened and flavored by the tears
which were streaking down my face.

From that moment there was no
doubt in our minds that we really
were in love. Marvin told me of the
other women in his life. He had been
married in Portland, Oregon, and
without a divorce he had married an
Atlanta girl only a few days before
his arrest. I had given no thought to
the other girls, but now it was differ-
ent. I wanted to marry Marvin and he
wanted to marry me. Would the law
permit? We talked it over between
kisses that afternoon, and I assured
him that I would become his bride
even if we had to spend, our entire
honeymoon under the eyes of the jail

guards. TE promised to check uy
marital status, and he prom
fight to the bitter end to win,
able verdict the next day.

There is little that I can say abou
the trial. I sat as close as I could t
Marvin, tricd to keep him cheerful will
my smiles and whispered avowals o
unceasing devotion. His attorneys pre
sented a defense of insanity and hi
mother, Mrs. A. C. Honea, of Atlant:
told the jury that he had_ suffere
from hallucinations since boyhood an:
that several times she had called ir
physicians to treat him for what sh:
believed were mental disorders.

I was hopeful that the jury migh
send him to an asylum from which h:
might eventually be released. How
ever, I was not really surprised whe:

-the jurymen, after two hours of delib

eration, returned a verdict of guilty
without mercy, which meant that h:
automatically was doomed to th
electric chair.

That night was a bitter one for mc
for T also had discovered that Marvii
and To could) not marry until he ha
obtained a final divorce from his firs
wife. The second marriage didn’t mat
ter; if was bigamous and had no leg:
standing.

I had many more bitter nights a:
one by one, all avenues of escape fo
the man I loved were closed agains
him. Sanity tests ended when he wa
pronounced sane; the Supreme Cour
refused to grant him a new trial an
finally the Governor refused to sta;
his execution.

In the meantime, however, I had be
come convinced that I might be abl
to save my brother Bill from the sam:
fate. He had not carried a pistol dur
ing the fatal robbery and the slayin
really was something beyond his con
trol, even though he was equal):
guilty in the eyes of the law, merel.
because he had intended to rob.

_ Bill was tried after Marvin, and th
jury returned another verdict o
guilty without recommendation o
leniency. He was sentenced to die i:
the electric chair at Milledgeville c
April 12. I was doing all that I coulk
to bring his case to the attention o
Governor Talmadge, however, and

had hopes of succeeding. I supy n
knowledge that I had a chance

ing him was all that kept me

feet during these trying days.

By this time, of course, newspapc
reporters had learned of my romanc
and one or two stories about me ha
been published in the Atlanta paper:
I discovered that, as the promised wif
of one condemned man and the sist
of another, as weil as a reform-sch:
graduate in my own right, I had defin
ite standing in the citv’s underwork
TI was accepted.

N CASTING around for means of aic

ing my brother and the man I lovec
I found that connections with influe
tial men were extremely impcricn
One day it dawned upon me that
might use my standing in the unde
world to ingratiate myself with Atlan
law-enforesment officials. I approach:
Chief of Police T. O. Sturdivant wii
a proposition.

Labor trouble in the building trad:
had prompted a series of bombings i
the city, and the police were unab'
to round up the criminals responsibl:
I was positive that I could help then
The Chief fell in with the idea, urge
me to attempt to work my way ini
the gang and report all that I foun
out to him in person.

I had no definite promise that m
efforts really would aid Bill or Marvin
but I was sure I wouldn’t be unre
warded. So I began making the mo:
of my criminal reputation. Before lon
I was in on all the underworld gossi)
By this time, of course, all my mone
had been spent and I had found a jo
as a waitress. After working hours
visited drinking spots and other crim
inal resorts and before many days

The Next ACTUAL DETECTIVE STORIES Will Be Dated December, on Sale October 2!

HUMPHREY, W. I., Probably hanged Delton, Ga., 191).

"Dalton, Gaek Nov. 19, 1913-Charged with murdering Joseph Pritchett, W. I. Homphrey, who
is in jail here, yesterday afternoon asked permission to attend the funeral of the men he
is accused of murdering, which will teke place today at his home in the northern part of
the county. e begged that he be permitted to be present at the funeral, stating that an
officer would’ accompnay him and promising not to give any trouble. His request was re-
fused. Thursday morning, Humphrey, who still protests his innocence, will be taken be-
fore justice court hwere he will be given a preliminaby hearing. Officers say they can
make out an unusuelly strong case on circumstantial evidence. They have witnesses, they
allege, who will swear to having seen Humphrgy, with a shotgun, leave here the morning of
the crimes; others who will swear to seeing him in the neighborhood of where Pritchett
was killed; others who saw him coming back to Dalton with the gun; still others who saw
him extract an empty shell, inject another, and firest the guns; and alarge number of
others who heard him threaten to have his'$18 or Pritchett's life.' The eged prisoner
has broken down repeatedly in his cell here. Inmates of the jail say he has been unable |
to sleep and when the murder of Pritchett is mentioned, he asserts he is innoncent and his
body shakes with sobg,"
JOURNAL, Atlenta, GA, 11-19-1913 (1/);.)

"Dalton, Ge, Nov. 20, 1913-W. I. Humphrey, the federal veteran who is charged with the
murder of Joseph Pritchett, waived preliminary hearing today, and declared that he will
waive indictment by the grand jury. “f that is done, he will be tried at the January
term of Whitfield Superior court." JOURNAL, Atlanta, GA, 11-20-1913 (2/6.)

Humphries, James; no race or age given; arrested for the

murder_of Dr. Tomlinson F. Moore, on 1 Sept. 1849, in Jack-
sonville, GA (Telfair Co.)

Augusta Constitutionalist, 14 Sept. 1849

"WE regret to learn that a recontre took place in Jackson-
ville, Telfair Co. on the morning of the ist inst., which
resulted in the death of a most estimable and worthy gentle-
man. The particulars, as we learn them, are as follows: Dr.
Tomlinson F. Moore, of Jacksonville, received a note on the
morning of the ist inst., from a man by the name of James
Humphries, of the same place, in which the letter charged the
former with being the author of an anonymous letter, which he
said he had lateky received, and insisted on a written denial
from Dr. Moore, of ite authorship. Shortly after the receipt
of thie note, Dr. Moore passed by the store of Humphries, and
stated to him that he was not the author of the note in quest-
ion, and had called to disavow it verbally. Humphries insist-
ed that the disclaimer should be in writing, which Dr. Moore
refused. Some words ensued, whereupon Humphries drew a pistol
and snapped at Moore. The latter then drew a pistol which
also snapped, whereupon Humphries then ran into his shop,

and after procuring a double-barrel shotgun, returned to the
door and fired at Moore as he was walking off. This shot

did not take effect. Humphries then discharged the other
barrel which took effect, ten buckshot passing through the
body of Dr. Moore. The doctor survived his wounds until 8
o'clock of the following emening, in the full possession of
all his faculties, when he expired in great pain. Humphries
has been arrested."

From Macon Telegraph, 11 Sept. 1849

MEDIA ACCOUNT
OF TRIAL:

MEDIA ACCOUNT
OF EXECUTION:

METHOD : TIME: AM

STAYS OF

EXECUTION:

EXECUTIONER: -
WITNESSES:

RITUALS:

LAST WORDS:

OTHER INFORMATION: The affair passed of quietly, no attempt being

made to rescue the prisoner as was rumored. She died

without making any confession.

HU NI, Ann, black, hang4d Elberton, Ga., May 1, 1874

CAPITAL PUNISHMENT DATA SHEET

GEORGIA 7902
STATE INVENTORY #
OFFENDER: SOURCE OF DOCUMENTATION
NAME: ANN HUNT (TITLE, DATE AND PAGE#)
RACE:
SEX: F N.Y. Times
OFFENSE: MURDER May 3,,1i874.13:4

DATE EXECUTED: May 1. 1874
COUNTY: Elbert or Elbertson

AGE:

VICTIM:

NAME: Eliza Browner
RACE:

SEX: F

AGE:

RELATIONSHIP
TO OFFENDER:

BACKGROUND
INFORMATION:

DATE CRIME
COMMITTED:

DATE OF
SENTENCING:

DAY OF THE
WEEK EXECUTED:

OFFENDER
RESIDENCY:

MEDIA ACCOUNT

OF CRIME: Ann Hunt poisoned Eliza Browner

From David L. Agresti Inventory.

Tuesday, April 4, 1995

March against GOP contract

The Rev. Jesse Jackson’s Rainbow The Vent
Coalition will march in May to oppose <3
Newt Gingrich’s Contract With Tom Baxter C2
The Atlanta Journal America. The protest will start out at National news C4
The Atlanta Constitution the House speaker’s Marietta office. —_
eevee. Article, C3. | Obituaries 4

Death watch with a world view

British-born killer, sentenced to Georgia chair, creates a stir in the old country

By Don Plummer
STAFF WRITER

A federal judge promised to rule to-

day on whether British-born killer Nich-

‘ olas Lee Ingram should be spared death

«in Georgia’s electric chair because it is

“ “the contemporary version of burning at
the stake.”

A lawyer for Ingram, who is sched-
uled to die Thursday for the 1983 slaying
of a Cobb County man, argued Monday
that Georgia’s method of execution is
“cruel and unusual punishment.”

Clive Stafford Smith, a New Orleans
lawyer specializing in death penalty ap-
peals, also asked U.S. District Judge
Horace Ward to lift a prison restriction
on visits by Ingram’s religious coun-
selor.

British reporters at Monday’s hear-
ing said the case has been front-page

news in England since Ingram’s mother
publicly pleaded with Prime Minister
John Major tp meet with U.S. officials
and intervene in the case.

On Monday, London’s Independent
newspaper ran a front-page account of
Anne Ingram’s efforts on her son’s be-
half and the text of an open letter to the
British people that Ingram wrote Sunday
in an effort to avoid Georgia’s electric
chair.

Laura Marshall said the Georgia De-
partment of Corrections has received 20
to 30 calls a day from the British media.

Marshall, who had just completed a
telephone interview with a reporter for
the Sun newspaper of London, said Mon-
day, “I get the impression that they think
we’re just a bunch of barbarians who just
want to nuke everybody.”

Barring a last-minute stay of execu-
tion, Ingram — who holds dual British-

American citizenship — will die at 7 p.m.
Thursday at the Georgia Diagnostic and
Classification Center in Jackson.

After a clemency hearing Wednes-
day, Ingram’s lawyers said, they will go
back to state court to seek a hearing on
recently discovered evidence. They say
prosecutors did not tell defense lawyers
that during his 1983 murder trial, In-
gram was being given medication to
treat a psychiatric condition.

“The state never disclosed that the
state psychiatrist had diagnosed Nicky
as being psychotic, nor did they tell his
lawyer that he was being given large
doses of Thorazine,” said public defend-
er Mike Mears. “No wonder his demean-
or was so laid back during his trial — he
was drugged up.”

Cobb County District Attorney Tom
Charron, who prosecuted the case, did
not return repeated calls for comment.

Thursday is Ingram’s fourth execu-
tion date.

Ingram was convicted of murder,
armed robbery and aggravated assault
in the June 3, 1983, shooting of J.C. Saw-
yer, 55, after a home robbery.

Sawyer’s widow‘said Ingram forced
his way into the couple’s Blackjack
Mountain home, took $60 from Sawyer,
then marched the couple about 200 yards
into a woods, where he tied them to an
oak tree and shot both in the head.

Sawyer’s wife, Mary Eunice, 48, sur-
vived by playing dead after a bullet rico-
cheted off her head.

Ingram claims he “blacked out” after
drinking on the night of the killing and
doesn’t remember the shootings.

Mom fails to sway prime minister; inmate's
emotions fill letter C2

Bae lteameae oie
Anne Ingram, the British =...
mother trying to save her son, got °

no help Monday in Washington...

ington Bureati . .

NICHOLAS INGRAM
British mom’s trip
to DC. fails to win
help of visiting Mayor

By A.L. May
STAFF WRITER

Washington — Anne Ingram, the British mother of a
death row dear in Georgia, pleaded for her country’s help
Monday, but British Prime Minister John Major ducked the

ing i ional controversy.

oe: “T understand clearly the very deep
distress she is suffering, but I do not think
there is anything further we can do,” Ma-
jor told reporters between meetings on
Capitol Hill. Major declined to meet with
the woman, and he did not raise the mat-
ter in an earlier meeting with Secretary
of State Warren Christopher, State De-
partment officials said.

% “Pm hurt,” said Ingram, when asked
Ingram about the prime minister’s rebuff. .

But “I haven’t given up the fight, not by a long shot,” she
said, pursued by a gaggle of British reporters and camera-
men to a car that drove her away from the British Embassy.

The case of Nicholas Ingram, 31, who holds U.S.-British
citizenship, has won attention in Britain, which has virtually

lished capital punishment.
wa si" of she murder of a Cobb County man in 1983,
Ingram is scheduled to die in Georgia’s electric chair Thurs-
day unless the state Board of Pardons and Paroles issues a
] xecution. “i
ee Ingram, who now lives in Acworth, said she hopes
to appear before the board Wednesday.

Peter Bean, a British Embassy spokesman, said officials
explained to Ingram why Major decided not to get involved
and said he knew of no other information that might alter

that decision.

Bean also said he was unsure of what action, if any, the

British could take in the case.

=D bn oO

Letter from death row:

_ Anger, hope and thanks

Following is an “Open Letter to the British People” writ-
ten by convicted killer Nicholas Ingram and dated Sunday.
He is scheduled to die Thursday in Georgia’s electric chair
for killing J.C. Sawyer of Cobb County in 1983.

“It is difficult for me to find the words to express what I
want to say today. Let me begin by thanking everyone so
very much for taking time out of busy lives to think of me,
and voice support for me in these very dark hours. For so
very long, I have, felt so alone, sitting and waiting here on
Death Row. I had my family, and I had my attorney then
people began to reach out for me. I think of — and thank —
particularly Betty Defazie; from Bournemouth, who has
written to me all these years. And now I read and hear of a
mighty flood, a wave of friends who I may never know, try-
ing to save my life. I cannot say how much it meant to me.

“My family is everything to me, and I hate to see them in
pain. For this reason, I have to respond to the letter to my
mother from [British Prime Minister John] Major, for it
caused her great suffering. She had gone way out on a limb
for me, because she knows I do not like her to beg for any-
thing for me. Mr. Major told her that there were no “proper
grounds” to intervene in my case. Even though I desperate-
ly need help, perhaps it is true that Mr. Major owes me noth-
ing personally. However, he owes my mother an explana-
tion why my government has no “proper grounds” to sup-
port her plea on behalf of her son. My mother deserves
respect from her government even if Mr. Major would rath-
er have a placid visit to Washington.

“TI do not want to die in Georgia’s electric chair. I hate to
see the suffering all of this causes so many people — my
family, the family of J.C. Sawyer, and so many others. As I
have said to my lawyers for years, I hate to go through all
this without being able to face the courts and tell my side. At
least I have got to write to Mrs. Sawyer, and I hope she will
not believe me to be the terrible animal that the prosecutor
and the press pretend.

“If I die, I hope itis not for nothing. I hope people will see
that a ritualistic killing in the electric chair solves nothing. I
hope all of you do not forget, and keep up your struggle for
other people.

“I thank you again, and may your God be with you. At
least, I know, a part of me will be somewhere else, in a better
place. I hope this does not happen, and I feel your support is
all that stands between me and death at this point. Please
keep it up.

“Your friend.

“Nicholas Ingram.”

Death Row
man’s plea
for reprieve
is rejected

By Charles Laurence
in New York

THE execution of a Briton in
Georgia's electric chair next
month grew more certain yes-
terday as one of the last avail-
able appeals was refused.

Nicky Ingram, 31, has been
on Death Row since 1983
after conviction for murder
during a burglary. On April 6
he will be the first Briton to
be executed in America since
the death penalty was
restored in 1976.

Judge Watson White, of
the Cobb County Supreme
Court, north of Atlanta,
refused an appeal for a stay
of execution on the technical
grounds that the April date
had been set illegally
because there were still
hopes for a new appeal to the
US Supreme Court. ~

Ingram, born in Cam-
bridge to an English mother
and an American airman,
will now be increasingly iso-
lated on Death Row, with
limited visits, and have his
head shaved ready for the
lethal flow of 2,400 volts of
electricity.

His lawyer, Mr Clive Staf-
ford Smith, a British cam-
paigner against capital pun-
ishment, plans to lodge
further appeals for a stay.

“It is increasingly desper-
ate,” he said. ‘‘But this pro-
cess is being conducted
illegally."’

©) ‘
Parole Head Sees Condemned Man

AP 6 Apr 95 4:47 EDT V0966
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

ATLANTA (AP) -- The head of the panel deciding whether to spare
the life of an English-born murderer held an unprecedented death-row
meeting with the killer a day before his date with the electric ©
chair.

The 20-minute meeting Wednesday was the first time a state parole
board member has interviewed a death-row inmate before making a
clemency decision, said spokesman Mike Light. ;

Chairman Wayne Garner decided on the spur of the moment to visit
Nicholas Lee Ingram after presiding at a one-hour, closed-door
clemency hearing, Light said.

Ingram is the first person scheduled for execution since Garner
became chairman, and Garner “felt he could not bring closure to this
case without first looking the condemned man in the eye," Light said.

The five-member board was to announce its decision Thursday.

The board has commuted only six’ death sentences since Georgia
resumed executions in 1983. Eighteen people have been executed since
then. ‘i

Ingram, 31, was scheduled to be executed at 7 p.m. Thursday for
the 1983 murder of J.C. Sawyer. Sawyer’s wife survived the attack anc
identified Ingram as the killer.

The case has been a top story in England, where Ingram -- who
holds a dual citizenship -- was born to a British mother and American
father. The family moved to Georgia a year later.

Ingram’s mother has tenaciously supported her son’s appeals and
asked the British government to intervene. But Prime Minister John
Major, visiting Washington, D.C., this week, declined Mrs. Ingram’s |
plea to get involved.

An attempt to have the British Parliament request a halt to the
execution was tabled Wednesday.

A Georgia judge denied a stay of execution Wednesday, rejecting
arguments that Ingram was under the influence of the drug Thorazine
during his 1984 trial. Ingram’s attorneys say the drug made him
appear emotionless and lacking remorse.

|
|
4
i

A clever killer—and he undoubtedly
was such to have gained the Perdues’
complete confidence—would even have
left that to throw us off the track.”

Gibson said, “A trusted friend turned
killer points straight into the Perdues’
background and we haven’t found any
likely suspect on the outside. What
about some letters, correspondence,
around here? Maybe the Perdues had
received a letter from somebody who
was planning to visit them. Let’s give
the house another going-over.”

The officers gave the house a thor-
ough but futile search, and then de-
cided to return to Headquarters.

Back in the Sheriff’s office, they

received the report from the deputies
who had been sent to the Graces’
home.
They told Harris there was nobody
at home at the Graces, and they
thought the best way to find out about
Grace was to ask the neighbors. The
nearest neighbors, they said, supplied
the information.

M. J.—Mike—Grace had purchased
the farm from Perdue last December.
He lived with his family in the larger
of two houses. Mr. and Mrs. Perdue
lived with the Graces for a while after
selling the farm. That was while the
house on their new place was being
built.

Mike Grace, they told the deputies,
owned another place near Chatta-
nooga, Tennessee, and they thought he
had gone up there last Saturday morn-
ing, but he had not returned as yet.

An employe known as “Slim” also
roomed at the Graces, but he had gone
to town, the neighbors thought. The
deputies decided not to wait for Slim’s
return but to bring what information
they received to Headquarters.

Harris said, ‘“Let’s take a run out to
the Graces’ place to see whether Slim
has returned.”

When they arrived at the Graces’
farm, they asked a Negro yard attend-
ant if Slim had returned and where
they could find him.

“He’s down in da swamp_ workin’
a tractor,” said the man. “Hit’s bout
a mile down dat road.”

The officers thanked him and headed
for the swamp. They entered the
woods and presently heard the sound
of a tractor. As they broke into the
cheering the tractor motor was shut
off.
They saw a tall, thin man wearing
denim pants and a ragged sweater,
standing beside the tractor. He was
about 30, black-haired, handsome in a
rough sort of way.

Deputy Stokes asked him, “You're
Slim?”

“That’s right.”

“Slim what?”

“Tsaac Irwin.”

Harris explained that they were
badly in need of information concern-
ing the Perdues and asked Irwin if he
would mind coming to Headquarters
with them to tell what he knew.

“Not at all,” the farmhand answered.
“But I’m afraid I won’t be able to
help you too much but I’ll do what I
can.

At Headquarters, Irwin went into
detail, explaining that he had lived in
the same house with the Perdues while
they were waiting for their new home
to be finished.

“During that time did you ever see
or hear of any persons who would
have reason to kill the Perdues? Did
you know of any of their enemies?”

“No, I never actually saw him squab-
bling with anyone. But I did hear that
a couple of men here in town hated
him because he wouldn’t loan them
some money without any surety.”

orn—5

“Do you know the names of these
men?” Harris asked quickly.

Irwin was sure of only one man and
he thought he knew the identity of the
other. He gave the officers two names.

Squads of deputies hurriedly were
dispatched to round up the two men.
The first was quickly dismissed after
he hotly denied Irwin’s accusation and
proved an impregnable alibi.

The second suspect also had definite
proof that he was nowhere near the
Perdue farm at the time of the mur-
ders. He asked who had told the offi-
cers about him and was told that Irwin
was the man.

The man’s eyes narrowed danger-
ously. His words were brittle when he
spoke.

“That guy’s got a lot of nerve talkin’
about me. He’s always lookin’ for a
way to make an easy buck and it
wouldn’t surprise me none if he did
the killin’ himself. Why, only a few
weeks ago he was a’tellin’ me about
how the Perdues had a lot of money
hid all over the house. One night he
said he passed by a window and saw
Old Man Perdue givin’ his wife a stack
of greenbacks while she was in bed.”

Once again the officers doggedly
swung off on another new angle, des-
perately seeking an opening through
which they could drive a wedge to
crack the mystery.

apbsen! was a logical suspect, they rea-
soned. He knew about the money the
Perdues had secreted in their home.
And he had wrongly fingered two men.
Why?

Irwin was brought in for question-

ing.

Without preamble Harris told the
man:

“Tell us what you did Saturday
night—everything.”

A smile flicked across Irwin’s face.
“T had quite a time,” he answered.
“About 5 o’clock I came to town in
the Graces’ panel truck and went to
a picture show. On the way home I
picked up a couple of soldiers. They
wanted to go to a dance. We went
out to a hot night-spot. We had a few
drinks and the soldiers got into a fight.
It got too hot for me, so I left them
alone. I got home about 1 o’clock.
At 6 o’clock I got up and milked the
cows. Then I started over to a neigh-
bor’s house in the truck with some
milk. But the kingpin broke in the
right front spindle of the truck and I
had to stop and fix it. I got to the
neighbor’s about 8 o’clock.”

“Anybody see you when you got
home at 1 o’clock?”

“Sure. While I was at the show an
acquaintance of the Graces, Mr. W.A.
Stephens and his wife, arrived from
Savannah for a visit. Mike’s wife gave
Mr. Stephens my room at their house.
When I got home at 1 o’clock I went
into my room to get some things to
take to another room and Stephens
spoke to me. He can tell you what
time it was, but he went back to
Savannah Sunday.”

“I see,” said Harris, writing it down.
“Do you own a gun?”

“No, I’ve never owned one.”

‘Let’s get to work again,” Harris
told his entire force the following
morning, “and see what we can do
with this alibi.”

First, the proprietor of the night-club
indignantly told them that he ran
an orderly place and there had been
no fight there Saturday night. He could
recall having seen no one fitting Irwin’s
description.

Next, the neighbor whom Irwin said
he had carried milk to at 8 o’clock on
Sunday morning told the officers that
Irwin had reached there before 5
o’clock. And an examination of the
truck failed to disclose any recent re-
pairs to the right front spindle.

Finally, several persons were located
who stated positively that Irwin had
been known to carry a gun. This in-
formation was given credence when a
search of the suspect’s room yielded
a half-box of .38 cartridges in a bureau
drawer. A small trunk in the same
room yielded an interesting article. A
pair of pants bearing dark stains about
which Harris said, “These go to the
FBI for a chemical analysis. Those

stains could be blood. What we need
now is the murder gun.”

But a further search of the house
failed to disclose the death weapon.

Meanwhile, Mike Grace returned
from Chattanooga. He turned out to
be an intelligent, level-headed man in
his forties. He readily expressed
an eager desire to assist the officers
in any way possible in seeing the in-
vestigation through to the end.

Stephens voluntarily hurried back
from Savannah to aid in the investi-

gation.
Stephens told them, “I slept in Ir-
win’s room last Saturday night. Te

came in early Sunday morning, all
right—but it wasn’t 1 o’clock. It was
near 2:30. He didn’t turn the light on,
but I saw the time from the luminous
dial of my wrist-watch. I saw him
take something out of the dresser
drawer. It was either a gun or a flash-
light, I’m sure. Then he left the room
and a minute later I heard the truck
drive out of the yard.”

Harris said, “Thanks, Stephens. We
know he owned a gun. When we find
it, I’ve an idea we’ll have our man.”

Both Stephens and Mike Grace left
with the avowed intention of turning
the house upside down in a search for
the weapon.

And on the following morning
Stephens was back with a triumphant
smile on his face. He laid a Smith &
Wesson .38 revolver down on the desk
and said, “Found it hidden in the attic
above Irwin’s room. Anything else I
can do?”

“I hope,” answered Harris, “the
FBI will be able to do the rest.”

And they did. Their report stated
that the slugs taken from the victims’
bodies positively had been fired from
that gun. The spots on Irwin’s trou-
sers also were proven by the FBI to
be human blood.

Mike Grace was brought before Ir-
win along with the evidence. The pris-
oner looked at the gun, the officers,
his employer, then slumped resignedly
in his chair. He admitted ownership
of the gun and signed a confession the
following morning stating that he
alone had murdered the Perdues. Bra-
zenly, he claimed self-defense.

“T was driving past their house late
Saturday night when the lights went
out on the truck,” he said. “I decided
to spend the rest of the night with
them and Mrs. Perdue fixed up the
bedroom for me. Later on, Mr. Perdue
kept trying to persuade me to leave
the Graces and come to work for him.
I told him I couldn’t do that because
Mike had been too good to me. Perdue
got angry, went into the bedroom and
came back with a pistol and shot at
me. I had to pull my own gun and
shoot him in self-defense.

“Then Mrs. Perdue came out of the
bedroom with a gun in her hand. She
shot at me twice and then I had to
kill her, too.”

Irwin told investigators he took
both of the slain couple’s guns—one a
.82 and the other a .388—and threw
them in a creek about five miles from
the house.

Using high-powered magnets, offi-
cers dragged the creek where Irwin
said he had thrown his victims’ guns
but failed to find any trace of them.

Solicitor Charles H. Garrett con-
tended that Irwin had gone to the
house and murdered for the premedi-
tated purpose of robbery, and not in
self-defense, when the confessed slayer
went on trial on February 23, 1942, in
the Bibb County Superior Court for
killing of Mr. Perdue.

After a jury deliberation of 53 min-
utes on the following day, the accused
man was found guilly of murder in
the first degree and sentenced to die
in the electric chair. On March 10, a
motion for a new trial was filed, which
automatically gave him a stay of exe-
cution.

Just how much money was stolen
from the slain couple, if any, was
never determined. But the veteran
Harris, upon receiving congratulations
for his entire staff on their speedy
solution of the case, remarked, “Folks
oughtn’t to keep large sums around
their homes. It always invites disaster
such as these two murders.

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Chief Deputy Oscar Harris examines
bloodstains on. kitchen floor where
body of John Perdue was discovered.

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BY setae

By J. HOVT cum

ATE one bleak Monday afternoon
in midwinter W. . Lang
snaked his big farm supply
truck to the side of a dirt road
some nine miles southwest of

Macon, Georgia, and alighted. He
wung his arms and stamped his feet
s he opened the swinging wooden
ate in front of the John Perdue
‘ome. The’thermometer stood at
6, and in Georgia that is bitter cold.
Lang always looked forward to
his semimonthly call’on the Per-
luess} They were each around 60

years old but they appeared much
younger and were very hospitable.
Also Mr. Perdue was a liberal buyer
and paid cash for everything and
Lang could count on ending his day
here with a good order. So on this
February 2nd, 1942, he mounted the
front porch in a happy. frame of
mind and rapped on the door.
When there was no answer and
no sound within the trim snow-
white house he knocked again. Still
there was no response. Puzzled, the
salesman backed off the porch, down

the pathway and glanced at the
chimney. No smoke came from it,
He circled the house, shielding his
eyes against the wintry gust which
carried biting bits of sand before it.
When he reached a side window he
couldn’t resist the temptation of
peering in.

What he saw brought forth a gasp
of horrified astonishment. Gripping
himself with some difficulty, he
turned on his heel, ran back to the
truck and sped down the highway
to the nearest neighbor, L. D. Wal-
dron.

“There’s a woman murdered in the
Perdue house!” he exclaimed to the

farmer. “You’d better come back
with me. I’m sure she’s dead. She’s
covered with blood.”

Unable to believe his ears but not-
ing the salesman’s ghastly grim face,
Waldron turned to a visitor, John
Bradley, an oil man, and urged the
latter to accompany them.

When Waldron tried the ‘front
door knob at the Perdue home, it
turned easily and the three filed
slowly in as though uncertain of
what might confront them. The in-
terior of the house was as cold as
outside, and their deep breathing
spouted puffs of steam before them.
Lang led the way to a right rear

Ge ices

Deputy O. R. Stokes pe to hole made in wees
~ bullet that first penetrated Mrs. Perdue’s body.

he ae TR AN BPs tt PAI

Lonely Marshall Mill Road (seen abové) was route
over which the killer drove truck on a mission of death.

ledroom near the back of the house
Lying on the floor near the foot of
double bed was the body of a small
loman, her face and torso a mass
|, gore. A sheer nightgown was the
le adornment of the ghastly
rpse.. The wide planked floor all
jout was covered with big frozen
itches of blood.
Valdron, the farmer, finally found
‘ds. ‘No question that’s Mrs. Per-
pe,” he said, shaking his head slow-
\“We’d better get the sheriff here
2 away
one of the three men wanted the
onsibility of remaining in that
house of death, and they

climbed hurriedly into Lang’s truck
heading for the nearest phone.

“TI wonder where Mr. Perdue is
the salesman said grimly. “I always
said they were the most ideal couple
on my route. They were forever
laughing and kidding with each
other. I’m sure he wouldn’t leave
her very long at a time.

Waldron snapped his fingers. “I
know,” he said suddenly. “John told
me the other day he had to go to
Covington, Georgia, on a business
deal, Somebody must have seen him
leave, and walked in on the old lady.
About everybody in this county
knows they carry enough money tin

that house to run a bank.”

The other two glanced at the
farmer as the truck sped over the
road to the village of Skipperton.

“Yes,” he said slowly, “John
wouldn’t listen to anybody’s advice
about his money. He took right
smart of a-loss when the .banks
closed in ’33 and ever since then he
been keeping his cash at home.
Mostly, he had it in big bills, and
his wife kept it hung under her
clothes on the end of a cord which
she put around her neck. They
never had less than three to four
thousand dollars around.”

HE day force at the sheriff’s office

at Macon was about to leave for
their homes when Chief Deputy
Robert Moore answered the phone.
At once he sprang into action and
dispatched Deputies Walter Wal-
dron; O. R. Stokes and J. C. Calhoun
to the scene. The former two were
known for many counties around
for their success in solving major
crimes and worked as inseparable
partners. Calhoun, too, was a vet-
eran

The faces of the three officers were
grim as they entered the neat white
farmhouse. News of the crime had
spread like wildfire, and the place
was literally packed with neighbors
who tramped about every room,
curiously fingering objects and aim-
lessly seeking an answer to the hor-
rible tragedy. If the killer had left
any clues certainly they would be
gone now

When at length the officers suc-
ceeded in emptying the house, they
silently studied the scene. Drawers
of the bedroom dresser were pulled
out and the contents strewn on the
floor. A bloodstained man’s necktie
lay across the body of the corpse.

Deputy Waldron, cousin of the
neighboring farmer first on the
scene, gingerly held up the object
If it belonged to the killer, it most
certainly was a valuable clue. Not-
ing its printed pattern, he carefully
wrapped it, just as Lang, the sales-
man, came rushing from the kitchen,
his face ashen.

In the excitement of forcing the
neighbors to exit, no one had
thought to go into the kitchen, and
it was there that the officers found a
second victim, stone cold in death
“It’s John Perdue,” said the farmer,
Waldron, pressing pale lips together.

The body lay on its back. Behind
the left ear was a bullet hole. Blood

had oozed through a hole in Per-
due’s left hip and more from an-
other wound in the left shoulder.
Deputy. Stokes leaned over, pulled
back the farm shirt. Underneath he
saw a pajama top

Coroner Lester H. Chapman, who
arrived at this moment with Chief
Criminal Deputy Oscar Harris and
Deputy W. L. Robertson, tentatively
examined the bodies and announced.
“Both have been dead between 24
and 36 hours. Hard to tell exactly
because of the freezing weather.”

' When the bodies were removed to
a waiting ambulance, Harris stepped
to the front porch and addressed the
shivering crowd of some 60 or 70
persons who refused to leave. “If
anyone has any idea who did this
thing,” he said, “I want him to come
forward without any fear and tell
me. You will be protected by the
law. These two people have been
brutally murdered and you will be
helping justice by helping us.”

A murmuring wave went over the
crowd. There was anger in those
voices, the chief deputy noted. John
Perdue and his wife had been ex-
tremely popular. If someone had
pointed to a suspect at that moment,
Harris knew the man’s life wouldn’t
be worth a plugged nickel. So he
urged that the law be permitted to
take its course. When he finished
at least a dozen people crowded
about him, each anxious to be heard
at once.

Once again inside the house the
officers studied the scene in each
room. with slow deliberation. In the
bedroom where Mrs; Perdue’s body
had been found there were two beds,
and it immediately was apparent
both had been slept in. In a smaller
front bedroom there was a single
guest bed. The covers on this were
turned back but apparently no one
had lain there

Waldron and Stokes hurriedly
compared notes. Waldron said, as
though thinking aloud, “Perdue got
up out of bed and slipped on his
pants and shirt over his pajamas.
Somebody must have come to the
door late at night.”

“Yes,” Stokes added, “that’s evi-
dent, and he knew John Perdue
pretty well because it looks like the
old man readied the bed here in the
front room for a visitor. But the
visitor didn’t get in the bed. Instead

Suspect tke Irwin is shown here
| as he signs statement detailing
his movements on the murder night.

he shot ’em both down in cold blood,
took the money and vamoosed.”

Waldron nodded. “Exactly what
I was thinking,” he said. “To me it
looks like a one-man job. That man
must have been pretty friendly with
the Perdues to be invited to stay all
night. From-what the coroner says
it happened Saturday night or early
Sunday morning.”

Both deputies knew the victims
well, and they tried to picture the
possibilities. They realized with
dismay that to sort out Perdue’s
intimate friends would be a difficult
task. He had scores of friends all
over Bibb County.

John Perdue they knew as an
energetic man. Not very long ago
he had been voted the county’s No. 1
farmer for his record in getting the
most corn and cotton per acre from
his ground. Unlike many -of his
Georgia neighbors, he painted his
house and buildings, fenced all his
fields, rotated crops and fertilized
in accordance with. latest scientific
methods.

“Not only did he prosper as a
grower, but he had made much
money in recent years buying run-
down farms and improving them
with modern ideas. So successful
had he been in this effort that he
had no trouble in selling the im-
proved acreage and making a nice
profit. The money immediately went
into more land. Cash left over he
handed to his wife who added it to
her personal “bank.”

While John Smith, identification
expert, dusted every possible spot
in the ill-fated home in a fruitless
search for prints, the officers con-
tinued to look for clues but found
that the throng of well-meaning
neighbors had not only ruined all
possible fingerprints but undoubted-
ly had re-arranged furniture.

Three things seemed evident, and
they might be of little value in trac-
ing the killer. Every nook and cor-
ner of the neat home was ransacked
by the killer in a mad search for
money or some other object. It

could well have been something else’

than money, for unquestionably the
murderer had removed the cash
“bank” from Mrs. Perdue’s neck,
which she was known to take to bed
with her. Either the killer thought
there must be more money hidden
someplace or was definitely in
search of another object.

The second discovery was a large
bullet hole in the wall of the dining
room. At once it was apparent this
had been fired from the hallway
outside, or the opposite bedroom
where Mrs. Perdue had been found,
for the slug completely pierced the
wall on a downward course, struck
the dining-room floor, then rico-
cheted through a china closet where
it finally was stopped in a 25-pound
sack of sugar.

Waldron ripped open the sack,
poured the contents into a pail and
soon sifted out the steel pellet, flat-
tened somewhat on the nose. It ap-
peared to be a .38.

“Well that’s something,” Stokes
exclaimed. “We know we’re after
a man with a .38 gun.” ‘He quickly
imparted the information to Chief
Deputy Harris who still was inter-
viewing excited neighbors outside.

The third clue was a hole through
the lower pane of the window in the
ill-fated bedroom, fully two inches
in diameter. “Whew,” Stokes said.
“Those were powerful bullets. That
one must have gone entirely through
Mrs. Perdue’s body, then through
that window pane and it was going
so fast it didn’t shatter the glass.”

The coroner’s report reached the
officers as they continued to probe
the scene. John Perdue had been
shot three times, once behind the
left ear, again in the left hip and
still again in the left shoulder.

The killer had shot Perdue from
behind and the bullet in his head,
the coroner said, was apparently the
one that killed him instantly. Later
the slayer must have taken two more
wild shots at his victim as he lay
on the floor. The coroner removed
two .38 bullets from Perdue’s body.

A third fell from his clothing. .

One bullet struck Mrs. Perdue full
in the face and still remained in her
skull. Another passed completely
through her left lung, having first
pierced her wrist. From this the
medical officer felt certain that the
terrified victim, upon seeing her
assailant, had instinctively thrown
up her hand to protect the money
bag, which hung suspended under
her nightgown.

ARRIS, Waldron and Stokes now
were certain they had a perfect

picture of the crime, complete with
every detail save the identity of the
killer. The old couple had gone to
bed Saturday night, probably around
10 o’clock, apparently not expecting
anyone, for both had on their night
clothing and the condition of their
beds and pillows was such as to in-
dicate both had slept for several
hours. ‘

Then someone had knocked at the
door.. Perdue apparently awoke,
pulled trousers and shirt.over his
pajamas and let the visitor in. He
must have invited the visitor to stay
the remainder of the night, since the
spare bed was made up.

For some reason—yet to be
learned—Perdue went into the
kitchen, perhaps to get his visitor
something to eat. But he never
performed this task, because it was
evident the visitor had followed him
in, shot him through the head from
behind, then twice more in the body.
There was no indication of a scuf-
fle. Neither was there blood any-
where, except near the spot where
the body was found.

After that, the officers concluded,
Mrs. Perdue leaped out of bed,
probably screaming. The killer,
realizing she knew his identity, ran
to the bedroom doorway; fired full
in her face. As she went down, he
fired again.

Chief Deputy Harris’ pockets were
crammed with notes and he quickly
assigned his deputies to drive away
without attracting attention and

follow leads which neighbors in th:
yard had poured out to him. On
tip, in particular, excited the of
ficer’s interest, and he quickly dis
patched two of his best men t
search for a pair of roofers.

The suspects, whose names wer:
whispered by a farmer, had jus
completed a new roofing job on th:
Perdue home. Perdue had told th
farmer he had paid the roofers $14(
in cash for the work, which mos
certainly would have tipped off th
workmen that he carried large sum
in his home.

The two men were located shortl)
before midnight, aroused from thei:
beds and rushed to the county jai
for questioning, but it soon becam:
evident both were guiltless. The:
established perfect alibis for the en-
tire period between Saturday eve.
ning and Sunday night and wer
released exonerated.

The tale of a small girl also com-
manded Harris’ attention. “I saw
an automobile in front of the Per-
due home Sunday afternoon,’ sh«
declared. “A man got out and went
up to the house. A little while late:
he went back to the car and drove
away.”

Another neighbor spoke up
“Yep,” he said, “I saw that car. Bui
it wasn’t around noon. It was late
in the afternoon.”

But the small girl insisted on the
time, declaring she had just gotter
up froin Sunday dinner and walkec
down the road when she made he:
observation. With patience, Harri:
soon discovered both were right
Two cars had driven up to the ill-
fated home Sunday afternoon—one
a black roadster, the other ‘a sedan
There was but one occupant in each
Both:-had approached the house oi
death, remained a few minutes
then left.

Neither the girl nor the olde
neighbor had heard anything re-
sembling gun shots, however; anc
Harris began to. ponder over the
possibility that the killer might have
returned in one of those mysteriou:

iad slipped around Tommy’s shoul-
lers and that I was digging my finger-
1ails into the back of his neck to pull
nyself closer to him. I wrenched away
ind darted to the door. Tommy
trabbed for me but I eluded him.

“Come tomorrow night,” I whis-
ered, and I shut the door in his face.

I won’t go into further details about
his first love affair but I couldn’t re-
ist telling this much of it, for what
tirl doesn’t like to think about and
alk about her first romance? Tommy
alled the next night, and the next and
he next. His leave was up in less than
. week and when he returned to Nor-
olk I went with him as his bride. I
hought that I loved him, and perhaps

did a little. I believe now he asked
ne to-marry him simply because he
vas sorry for me.

I shall skip over this marriage, too,
or it lasted only a short time. Tom-
ay’s ship soon put out to sea and I
vas left alone in a strange city, with
mly a few dollars to care for me until
iis return. To save what money I had,

found a job as a night waitress in a
estaurant. Tommy was away only
hree days. He came back in the eve-
ing. He didn’t know where I was, and
vhen I returned the next morning,
ired out from my night’s labors, he
ccused me of being unfaithful. I tried
o explain but he doubted me. We
juarreled—I left him. A divorce fol-
owed after a few months.

Rae was another turning point in my
life. I could not return home, or at
east I didn’t think that I could. At
he age of sixteen I was on my’ own
n a seaport town. I kept my job at
he restaurant and finally I was trans-
erred to day duty. I discovered I was
»opular with the sailors and I went
ut quite a bit. But my broken mar-
iage had disillusioned me. There were
10 real romances. As I grew more ex-
v»erienced in the ways of men with a
tirl, I vowed that I never would allow
nyself to be carried away again until
was certain the right man had come
long. I knew that the ecstasies of that
<ind of love would be worth waiting
or.

Perhaps my life would have been

\ifferent if I had known that I would —

ind my man in a murderer’s cell and
hat our love-making would have to
ve in the open, where any of the

Below are Marvin Honea
and Aileen’s brother, Bill

guards who cared to could watch. But
how could I know that then?

With my own welfare to look after,
I finally found a better job as a filing
clerk. I saved my money, dressed as
well as I could afford and traveled to
other seaboard cities. I worked in
Charleston, then Savannah, and I
spent one Winter in Jacksonville,
Florida. When I had saved $200 I went
to New York City, worked in a Brook-
lyn restaurant for two months and
finally moved on to Hartford, Connec-
ticut, where I became a clerk: in a
large insurance company office.

I must ask the reader’s indulgence
here if I seem to slur over this period
in my life, but there is so much to
tell about. my later experiences in At-
lanta that I must be getting on with
it. . The preliminaries were weird in
themselves, and they came about this
way:

On the morning of Decémber 20,
1934, David A. Lord, a 28-year-old
straw-boss of an FERA construction
gang, stopped at the filling-station of

. E. Rakestraw at Center Hill, a small
rural community about ten miles’ west
of Atlanta.

Rakestraw was at the gas pump and
Lord was standing near by chatting
with him, when suddenly a car stopped
and two masked men leaped out. One
held a pistol; the other was unarmed.

“Hands up,” the armed man growled.
“Come across with your money.”

The man with the gun gave most
of his attention to the gas-station
owner. Lord thought that he could slip
away unnoticed. He stepped backward
several paces, his hands still in the
air, then wheeled and ran. %

The automatic pistol barked. Lord
dropped with a bullet through his back
and chest. He died a few hours later

. Aileen writes to Marvin in

jall, at the left. Above, Aileen
smiles before the electric chair
and her own prison sentence
made stark tragedy of: her life

in Grady Hospital, Atlanta, holding
his young bride of a few weeks in his
arms. .

The authorities were without a clew
in their efforts to trace the robbing
pair, who had fled after scooping $60
from the filling-station cash register.
Lieutenant- W. A. Wells and Patrol-
men Woodrow Wilson and Jack Carroll
of the Fulton County police were as-
signed to the case. The officers sus-
pected at first that the holdup might
have been a blind for the murder of
Lord by a disgruntled member of his
construction gang, and the payroll was
— carefully but nothing came
°

The Atlanta police also were vitally
interested in the Lord slaying, for it
had culminated a series of bold hold-
ups in the city. It was the police
theory that the killing bandit probably
was the one who had terrorized so

‘ many citizens and small store-keepers

in recent weeks.
The Atlanta police holdup squad,
which then consisted of Detectives C.
(Continued on Page 50)

There: was no privacy
for the passionate em:
braces -of Aileen. and
‘Marvin: They embrace
during a court recese:

in, White, elec. Ga, (Fulton County) December 20, 1935...

keep on loving him as long as I live,
for my heart has played me a
ghastly trick.

I was courted through the bars of
his dvath-house cell. I shuddered when
he fondled and caressed me with hands
that were stained by the blood of an

| LOVED a murderer. Probably I'll

‘innocent man—but I yielded in spite

of myself.

I became his promised bride, and
no one will ever know the agonies I
suffered when he died in the electric
chair, with my kisses fresh on his lips.

Yes, I know now that I was a fool.
I do not forgive myself, nor do I care
to offer alibis. And if I already have
shocked you, consider this:

Before my. lover died I wormed my
way into the innermost councils of a
gang of desperate criminals. At the
request of a former Chief of Police
of Atlanta, Georgia, I consorted with
them on their own terms. I believed
that my sacrifices might aid my dear-
est one. I turned the gang secrets over
to the police. But when the arrests
came I was locked up with the others.

And I—innocent of any wrongdoing
—found myself facing. the electric
ch:

air.

That isn’t all. The evil fate that
dogged’ my footsteps since earliest
childhood still wasn’t through with me.

I was accused of attempting to mur-
der a jail guard. It was a preposterous
charge, but I was tried and convicted,
sentenced to prison for a long term.

A former Governor of Georgia rec-
ognized the wrong. and promptly -
turned me loose, but not before I had
been led to a cell, assigned a number
and set to work at inconceivable
drudgery. .

But I will come to that in its proper
order. Let me tell you what has
gone before.

Truly, as I look back now I have
the strange feeling that all those ter-
rifying, weird things that happened
must have been in an earlier life
thousands of years ago. But it really
was only months—so recently, in fact,
that I have not had time yet to know
how I ever can live down the damage
my foolish heart has done. I am only
27 today, and my friends tell me that
my best years are still to come. But I
wonder...

Let me repeat—in this, the first true
story of my weird experiences, I will
not attempt to offer alibis. I shall,’
however, dedicate this frank confes-
sion to all girls in love, and add the
fervent prayer that they may fare
better than I; that they may see my
errors, and guide their own loves ac-
cordingly.

This Girl Had the Courage to Take Love Where She Found It

—Through the Bars of a Prison Cell.

ACTUAL STORIES OF WOMEN IN CRIME, Volume I , Numer 1,

November, 1937..e.

Read Her Own Story

I suppose there are many who will
be unable to understand how love, and
nothing else, could drag an innocent
girl through such mire. I might say
here that it really was loyalty that got
me into it, although love kept me
there. It was loyalty to a younger
brother, and certainly everyone can
understand why I rushed to his side
when he needed me.

E. HAD fought together, side by
Y side, since childhood. His name
was William and he was two years
younger than I. We were the second
and third oldest of five children, and I
suppose our parents could best be de-
scribed as “good, substantial citizens”
of Atlanta’s West End. So much has
happened since my childhood that it is
difficult for me to remember details,
but my first recollections are of mind-
ing William when he was a baby. .
My next memories are of William
grown up, and of how proud I was
that: I was the only girl in the neigh-
borhood allowed to play with him and
his gang. I had dolls, of course, and
sometimes on rainy days when I was
kept indoors I played with them. But
I preferred the boys’ games and I
could climb a tree or “stump the lead-
er” as well as any of them. In fact, I
believe I beat them at their games oc-

casionally and I know I usually won
my fights. That probably was why I
was accepted.

I mention this in detail to explain
future events. Bill and I were as thick
as any brother and sister could be, and
I grew up a tomboy. I remained a
tomboy, and Bill’s best crony, even
after I had passed on into high school.
Then, when I was sixteen and a high-
school sophomore, tragedy first de-
scended on our happy little family.

My father had a small machine shop
and garage in the West End. Bill went
down there to visit him one afternoon
and found him shot to death. The
police never were able to decide
whether it was murder or suicide, but
no one was arrested.

T DIDN’T matter much to us, for

Daddy was dead. There was the
more tangible and pressing worry of
being practically destitute. My mother
and elder sister had to find what work
they could and I, the tomboy, had to
take over the household duties and
the care of the younger children.

I can understand now why my
mother was horrified because I pre-
ferred almost anything else to clean-
ing, dusting and washing the children’s
clothes. She was desperately worried
with so many mouths to feed and it
must have been exasperating when I
so frequently left my work undone to
run off skating or hunting with Bill.

Mother scolded and threatened, but
I could not take her words seriously.
Finally she had me placed in the
Georgia Industrial School for Children.
It eased her financial burden some-
what and she felt sincerely that I
needed the discipline to take the place
of my father’s regulating hand. I can’t

Neither love nor justice had
mercy for Marvin Honea, at left

say today that I blame her a great
deal, although {I know that this dis-
grace had much to do with shaping me
mentally for the weird life that lay
in wait for me.

I shall never forget the day I was
committed, for it was then that I first
appreciated Bill’s loyalty—the same
kind of loyalty that I tried to give him
years later. With tears streaming
down his cheeks he fought to the
bitter end to save me. When he real-
ized his cause was lost he screamed
advice that rang through my ears for
days. I can hear it yet.

“Fight ’em, Leeny, fight ’em!
can lick ’em if you keep.trying!”

Fight ’em I did. I fought with the
other girls and I fought with the
supervisors. They punished me. I suf-
fered in silence and kept on fighting.
Finally I licked ’em. I literally fought
my way out of the institution in less
than three months.

Bill and his pals gave me a rousing
welcome and I tried to slip back into

You

my old way of living. But somethi
had come over me during

months. I had outgrown r
ishness. Bill’s pals didn’t

-the same. I had become a ,---., —

inwardly conscious that boys and gi
could be much more to each other th
comrades.

I hadn’t been home a week wh
Bill introduced me to a young sai
on leave from a Navy battleship
shall call him Tommy Burton, althou
that is not his real name. He is n:
happily married and a father, anc
suppose he would be embarrassed
have his real name linked with °
“notorious Aileen Sisk.” Anyway,
was two years older than I and he t
sailed the Seven Seas and played
the ports of all of them.

Tommy took me to a movie that f
evening. I hardly saw the picture
all, for he held my hand and rub!

‘his knee against mine until Iv

dizzy with thoughts I never had }
before. When he took me home

"| Assured Him | Would Become His
Bride Even If We Had to Spend

Our Entire Honeymoon under the

Eyes of the Jail Guards, and——"

about 11 o’clock, the house was 4d
and he pulled me into the shadow:
the side of the porch. His strong a
crushed me close to him and when
burning lips finally closed over n
I knew his kiss had seared my :
forever. It was years later befor
realized that every girl carries ling
ing memories of her first }*-~ ‘~
grave with her.
I suddenly discovered tha

Marvin writes to Aileen
from jail, at the left

>»
Chorced | with the murder of pretty Myrtle Taylor,
with whom he is pictured here, Craft Belcher,
23-year-old Bluefield, W. Va., Lothario, sat mute e;
on the. witness stand. He ' was sentenced to die. a

“Aileen Sis right, sister of a

'- eonvicted s yer, is seeking to
“. marry Marvin Honea, At-
-. Janta, Ga., man doomed to die
in the chair.
Honea wants a
divorce from his
wife so that he
can marry again
before he dies.

Lucille Lavelle, former Broadway show girl and
model, questioned recently in connection with the
as shooting of her husband, Frank Horan, Lucka-
wanna, N. Y., tavern owner.

TYAD ING DETECPRLIVER

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738 Ga.

the court in connection with the verdict of s

charge was not harmful to the defendant and

165 SOUTH EASTERN REPORTER

o as to waive service and submit demurrant

“guilty (e) It is not apparent that such to court’s jurisdiction.
> J

RUSSELL, C. J., and ATKINSON, J.,

therefore a new trial should be granted be- dissenting.

cause of such erroneous charge.” The charge
complained of was not accurately adjusted to
the evidence. The defendant did not put his

Error from Superior Court, Fulton Coun-

general character in issue, but did put in is- ty; John D. Humphries, Judge.

sue his general character for peaceableness.

Petition by Lewis A. Irons, Deputy In-

The charge was likely to confuse the jury by surance Commissioner of Georgia, as ancil-

suggesting that there was an issue as to the
defendant’s general character, which they
might find there was no evidence to support,
and at least prevent them from, according to
the defendant, a recommendation that would
prevent the extreme penalty of the law.

RUSSELL, C. J., concurs in the views ex-
pressed in the foregoing dissent.

IRONS v. AMERICAN NAT. BANK et al.
No. 8583.

Supreme Court of Georgia.
Aug. 9, 1932. .

Judgment Adhered to After Rehearing Sept.
27, 1932.

Syllabus by Editorial Staff.

1, Courts €=29.
Judgment €>17(3). ae
Georgia courts have no extraterritorial
yurisdiction, and cannot hold citizens of oth-
er states amenable to their process, or bind
them by judgment in personam, without their

consent.

2. Courts C39. :
Demurrer to petition seeking to restrain
resident maker from payin, on note to non-
resident national bank and to set aside con-
veyances to bank, filed by bank on special ap-
pearance and attacking solely court’s juris-
diction, held properly sustained as to bank
(12 USCA §§ 84, 91, 94; Const. U. S. Amend.
‘14, § 1).
3. Courts €=39.

Court's failure to designate ground of de-
murrer attacking its jurisdiction on which
it based decision for demurrant held not er-
ror.

4. Appearance 20.

Nonresident’s demurrer on ground that
eourt’s taking of jurisdiction would subject
demurrant to multiplicity of suits and require
local courts to settle controversies piecemeal
held not to challenge petition on Its merits,

lary receiver of the Citizens’ Life Insurance
Company, against the American National
Bank and others. Case was dismissed as to
defendant American National Bank, and
plaintiff brings error.

Affirmed.

Lewis A. Irons, deputy insurance commis-
sioner of the state of Georgia, who was ap-
pointed ancillary receiver of the Citizens
Life Insurance Company by the United States
District Court for the Northern District of
Georgia, filed a petition in behalf of policy:
holders, residing in Georgia, in the Teasons
Annuity, a fraternal insurance company, or-
ganized and formerly doing business in the
state of Georgia. The Masons Annuity was
placed in the hands of a receiver by the
superior court of Fulton. county. Upon the
insolvency of the Masons Annuity, its yer
icyholders were reinsured, under order of
the superior court of Fulton county, with the
Southern Insurance Company, a corporation
under the laws of Tennessee, with its princi-
pal office in Nashville. Subsequently wd
same policyholders of insurance aelgioally
issued by the Masons Annuity were reinsureé
by the Citizens’ Life Insurance Company.
a corporation of Alabama. The petition in
the present case was brought against Ue c.
Cater, a resident of Fulton county, the Stand-
ard Life Insurance Company, a corporation
under the laws of the state of Georgia, but
at present a dormant corporation, Routhers
Insurance Company, a corporation under the
laws of Tennessee, but qualified to do busi-
ness in the state of Georgia, and having 4°
office and agent within the limits of Georgia.
and the American National Bank of Nee
ville, Tenn., incorporated under the eager
al Banking Act of Congress. By the cpa’
deed was conveyed a tract of realty nagar

in Atlanta, Fulton county, Ga. The age

edness arose as follows: On May 6, Sees

Cc. Cater borrowed from the Standard Life

Insurance Company the sum of $7,000, of

cuting his promissory note therefor, sr

interest at the rate of 6% per cent. per -

num, and secured the same by guereres 7

security deed the realty therein describes:

s . nt
Later the Standard Life Insurance Compare —

transferred and assigned the indebtedness
the Southern Insurance Company, sarc?
not quitelaim the realty conveyed by reaent
curity deed; the Standard Life Insur!

G=For other cases see same topic and LEY N

UMBER in all Key Number Digests and Indexes

IRONS v. AMERICAN NAT. BANK Ga. 739
E

165

Company remaining the holder of the legal
title to the property, and so remaining at all
times involved in this cause. On October
6, 1925, the indebtedness was renewed. C.
C. Cater executed a new promissory note for
the sum of $7,000, payable to the Southern
Insurance Company, due in five years, and
also executed two interest notes in the sum
of $227.50 each, of even date with the prin-
cipal note, maturing semiannually thereaft-
er. On July 25, 1929, the Southern Insur-
ance Company transferred these notes by de-
livery to the Citizens’ Life Insurance Com-
pany. Immediately thereafter the then pres-
ident of the Citizens’ Life Insurance Com-
pany, without authority as it is alleged, de-
livered the principal note for $7,000 to the
American National Bank of Nashville, Tenn.,
along with other notes and mortgages.

The prayers were for service on the non-
resident defendant, American National Bank,
by publication; “that a temporary receiver
be appointed to take charge of the premises
described in the petition, to collect the rents
and profits arising therefrom and hold them
pending the further order of the court: that
the receiver be authorized and directed to
collect from C. C. Cater the indebtedness
described in the petition, both principal and
interest; that C. C. Cater be restrained and
enjoined from making further payments on
said indebtedness to the American National
Bank, and that he be directed to make such
payments to the receiver; (f) that the court
enter a decree finding the indebtedness de-
scribed herein, together with the property
which secured it, to be the property of the
plaintiff, and further finding that the Ameri-
can National Bank has no right, title, or in-
terest in the same, and that the transfers
or conveyances to the said American Nation-
al Bank be cancelled and set aside as fraud-
went and void;” for judgment against C.
C. Cater for the indebtedness described in
the petition: and for general relief.

The American National Bank filed a de-
murrer as follows:

“1. The American National Bank, appear-
ing for the sole purpose of objecting to the
Jurisdiction of this court, demurs_ to the
Plaintiff's petition and to the rule nisi issued
in this cause, and for cause of demurrer says
the superior court of Fulton County, Georgia,
has no jurisdiction of this defendant and no
Jurisdiction of this case, for the reason that
no act of Congress has conferred such juris-
diction on said eourt, and for the reason that
the controlling act of Congress on that sub-
Ject, appearing in section 84, title 12, ¢ 2,
of the United States Code (12 USCA § 84),
and in title 12 USCA, § 94, provides that ac-
tions and proceedings against a national bank
may be had in any district or territorial court
of the United States held within the district
In which such association may be established,
or in any State court in the county or city

S.E.

in which said association is located having
jurisdiction in similar cases, and plaintiff’s
petition shows that thjs defendant is located
in Nashville, Davidsgn County, Tennessee,
and fails to show that defendant is now, or
at any time in the pust, has been engaged.
in business in the State of Georgia,

“2. And defendant further says the action
made by plaintiff's petition is a transitory
action and an action in personam; and
whether transitory or local, no law of Georgia
confers jurisdiction of gaid case on this court.

“3. And defendant further demurs and
Says that this court kas no jurisdiction of
this case, because the act of Congress now
appearing in section 9}, title 12, c22:-6f the
United States Code (122 USCA § 91) forbids
the issuance of any attachment, injunction,
or execution against a national bank or its
property before final judgment in any suit,
action, or proceeding in any State, county,
or municipal court, alsg prohibits the seizure
of property belonging to a national bank be-
fore final judgment, and hence to grant and
issue a temporary injuyction and restraining
order as prayed for is not within the juris-
diction of this honorable court, and this court
can in no way lawfully cause this defendant’s
property to be seized ag prayed for by plain-
tiff, and hence this court has no jurisdiction
of this case.

“4. And defendant demurs further and
says this honorable court has no jurisdiction
of this case, for the reason that it appears
from the petition that the plaintiff is ancil-
lary receiver of an Alabama corporation ap-
pointed by the United States District Court
for the Northern District of Georgia, and
defendant is a national bank incorporated un-
der the laws of the United States and located
in Nashville, Davidson County, Tennessee,
and the controversy as shown by the petition
involves a contract between said Alabama
corporation and this defendant, executed and
performed in “ishville, Tennessee, in Au-
gust or July, i.29, and plaintiff is seeking to
have that contract declared void and. set
aside, and plaintiff is entitled to bring such
an action in the courts of this State in no
event, unless by comity a Georgia corpora-
tion under the laws of Alabama could bring
a similar action in the courts of that State
against a national bank located in a third
State, and there is no allegation in plain-
tiff’s petition to that effect. ‘

“S. The defendant further demurs, and
says this court has no jurisdiction of this
case, for the reason thgt for the court to
grant to the plaintiff the relief it seeks the
court must set aside and declare void the
note described in plaintiff's petition executed
by the Citizens’ Life Insurance Company to
this defendant for the sum of approximately
$116,099.72 and the situs of said note is in
Nashville, Tennessee, ang is not within the
jurisdiction of this court, and likewise the

ratte,

Be ie 35, Se SARL SIRT Eo RI RET A ET

732 «= 8.C.

The substance of the joint answer of the
defendants was to this effect: First, a gen-
eral denial of the material allegations of the
complaint. They set up allegations that the
ginhouse was on land on which the Land
Bank held a mortgage, and possession of the
premises. had been delivered to the Land
Bank some months previous to the fire; the
Land Bank acquired title to the land through
a deed from the master of Chesterfield coun-
ty early in October; discoverlng that G. R.
Spencer, the former owner and mortgagor,
was operating a ginnery on the premises,
without the consent of the owner or the
tenant in possession, on November 3, 1930,
under a writ of assistance, the sheriff put
Gibson, as representative of the Land Bank,
in possession of the premises¢ the sheriff’s
deputy found the ginhouse locked; Gibson
placed other locks on two of the doors; if
cotton was stored there, it was stored with-
out the knowledge or consent of the defend-
ants, and, two nights after the defendants
got possession of the ginhouse, it was de-
stroyed by fire without fault on their part.

The trial judge, Hon. T. S. Sease, refused
a motion for nonsuit on the part of the de-
fendants, and a directed verdict in their fa-
vor. He held there was no basis for punitive
damages. The verdict, and judgment there-
on, was in favor of the plaintiff for $495.86.
A motion for a new trial was refused, and
the defendants, by appeal, have come to this
court,

It is our view that the real issues in the
appeal for our determination may be decided
without a detailed statement as to the ex-
ceptions.

{1] While the presiding judge instructed
the jury both as to the law of conversion and
bailment, it is our opinion that the complaint
was based alone on the theory of conversion,
and that bailment was not involved.

“Tt is the element of lawful possession, how-
ever created, and the duty to account for the
thing as the property of another, that cre-
ates the bailment, regardless of whether such
possession is based on contract in the ordi-
nary sense or not.” 3 R. C. L. 83.

See, also, Fleischman, ete, v. Southern
Railway, 76'S. C. 237, 56 8. E. 974,9 L. R.
A. (N. 8.) 519; Robinson y. Southern Cotton
Oil Co., 108 S. C. 92, 93 S. B. 395; Marlow
vy. Conway Iron Works, 130 8S. C. 256, 125 S.
E. 569. ;

The allegations of plaintiff's complaint are
t6 the effect that the cotton was stored in a
ginhouse, which was in the custody of G. R.
Spencer, and that the defendants forcibly
took possession of the cotton and converted
it to their own use, “in a wilful, wanton,
malicious, unlawful, negligent and careless
manner and with an utter disregard of the
rights of this plaintiff with intent to injure
this plaintiff"; and “did deprive the plain-

165 SOUTH EASTERN REPORTER

tiff in the above manner of the said cotton
and by reason of their acts, as aforesaid, did
allow the said cotton to be burned and de-
stroyed.” (Italics ours.)

All of those charges are entirely consistent
with a cause of action for conversion, which
is “any distinct act of dominion wrongfully
exerted over another’s personal property in
denial of or inconsistent with his rights there-
in, such as a tortious taking of another's chat-
tels, or any wrongful exercise or assumption
of authority, personally or by procurement
over another’s goods, depriving him’ of thy
possession, permanently or for an indefinite
time.” 26 R. C. L. 1098.

(2, 3] The evidence‘in the case is altegether
lacking, it appears to us, to establish either
the charge of conversion or any breach of
duty under the doctrine of bailment. The
testimony shows that the Land Bank ob-
tained title to the land, on which the ginhouse
was located, under a foreclosure sale held on
October 6, 1930. In order, however, to ob-
tain possession of the ginhouse, it was neces-
sary for the Land Bank to get a court order.
which was on October 22, 1930, and, under
that order, the Land Bank, through its agent,
Gibson, was placed in possession of the gin-
house on November 3, 1930. In addition to
the locks already on the doors of the gin-
house, additional locks were placed, and “No
trespass” signs were posted. These steps
were taken without any knowledge or notice
at the time that plaintiff’s cotton was stored
in the ginhouse, so far as the record shows.
On the same day that the Land Bank, through
its agent, took possession, a special deputy
sheriff, acting for the sheriff, who had en-
forced the order of the court, went to the
home of G. R. Spencer, the former owner and
mortgagor, who had been operating the gin,
and showed him the court order. Mr. G. R.
Spencer then told the deputy of the cotton
being stored in the gin, remarking at the
time, “If we get burned up, who is going to
pay him (plaintiff) for it?” The deputy (Mr.
C. L. Melton) replied, “You can see Mr. Gib-
Son and get it out; I just put him in posses-
sion of the property and not of any cotton.”
The plaintiff lived only a few hundred yards
from the ginhouse. The conversation be-
tween the deputy and G. R. Spencer was net
communicated to Gibson until about noon of
the next day. The deputy watched the gin-
house the first. night until about 3 o'clock.
There was no watch the next night, and dur-
ing that night fire broke out, destroying the
building and the cotton contained therein
Plaintiff made no demand or claim for th¢
cotton, either to the deputy, to the Land
Bank, or to its agent, until after the fire had
occurred. He testified he did not knew anr-
thing about the gin being: closed or taken
over by the bank.

The defendants, if responsible at all for

HUMPHREYS vy. STATE Ga. 733
165 S.E.

the safe-keeping of the cotton, under the
law of bailment, were not chargeable with
any duty or care until they were notified of
the storage of the cotton at the ginhouse.
All that they did was to take possession of
the gin, under a court order, without even
knowing that cotton was in the ginhouse.
The only responsibility that could attach to
the defendants in any event would be that
of gratuitous bailees. Under the law, a gratu-
itous bailee “can be held responsible only for
bad faith, or gross negligence. * * * If
the -property be wrested from him (a gratu-
itous bailee) by robbery, or taken by theft,
or destroyed by fire or violence, without his
gross neglect, he is not liable.’ 3 R. C. L.
99.

A careful examination~-ef all the evidence
in this case fails to show anything to war-
rant the implication of bad faith, or gross
negligence, against the defendants, or either
of them. Under those circumstances, the cir-
cuit judge should have granted a directed ver-
dict in favor of the defendants.

Let it be expressly understood that noth-
ing we have said is to be taken as an indica-
tion of our opinion as to the liability, or non-
liability, of G. R. Spencer to the plaintiff in
this action. No claim against him is involved
here.

The judgment of this court is that the
judgment below be reversed, with instruc-
tions that a directed verdict in favor of the
defendants be entered up, as provided in
rule 27 of this court.

STABLER and BONHAM, JJ., and W. C.
COTHRAN, A. A. J., concur.

CARTER, J., did not participate.

STATE v. TAYLOR.
No. 8694.

Supreme Court of Georgia,
Sept. 14, 1932.

Syllabus by Editorial Staff.

Criminal law €>1024(1).

Supreme Court is without jurisdiction to
entertain, at instance of state, petition for
certiorari to Court of Appeals in criminal
case,

RUSSELL, C. J., and GILBERT, J., dis-
senting.

Certiorari to Court of Appeals.
Walter C. Taylor was convicted under an
indictment charging unlawful offer of a re

ward to influence the behavior of a council-
man, the judgment of conviction was re-
versed by the Court of Appeals (44 Ga. App.
64, 160 S. E. 667), and the State brings cer-
tiorari.

Certiorari dismissed.

John A. Boykin, Sol. Gen., and J. W. Le
Craw, both of Atlanta, for the State.

Arnold, Arnold & Gambrell, of Atlanta, for
defendant in error.

Syllabus Opinion by the Court.

BECK, P. J.

Under the decision in the case of State v.
B’Gos, 165 S. E. 566, this court is without ju-
risdiction to entertain, at the instance of the
state, a petition for certiorari to the Court of
Appeals in a criminal cage.

Writ of certiorari dismissed.

All the Justices concur, except RUSSELL,
C. J., and GILBERT, J., who dissent.

HUMPHREYS y. STATE.
No. 8873.

Supreme Court of Georgia.
Sept. 14, 1932.

Rehearing Denied #ept. 26, 1932.

1. Homicide €>250.
Evidence sustained cqnviction for murder
of wife.

2. Criminal law €=765, 776(3), 778(9).

In murder prosecution, charge held not
erroneous as unauthorizedly putting accused’s
good character in issue, and as creating im-
pression that accused’s general character was
bad, and as placing burden on accused of prov-
ing his good general character as defense
(Pen. Code 1910, § 1019).

Charge was that accused had introduced

evidence for purpose of showing good
character on his part; that evidence as to
accused's general good character could be
introduced by accused; that jury should
consider such testimony along with all the
other testimony in determining guilt or in-
nocence of accused; that good character
is a positive substantive fact and may of
itself be sufficient to generate in the minds
of the jury a reasonable doubt as to ac-
cused’s guilt, in which case they would be
obliged to acquit; but that, if jury should
believe accused guilty beyond a reasonable
doubt, it would be their duty to convict,

G=For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

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734 Ga.

notwithstanding evidence as to general
good character,

3. Homicide €=47.

That wife confessed infidelity immediate-
ly before husband killed her could not reduce
crime from murder to voluntary manslaugh-
ter (Pen. Code 1910, § 65).

Syllabus by the Court.

1. The evidence is sufficient to authorize
the verdict.

2. The charge of the court as set out in
division 2 of the opinion is not erroneous for
any reason. assigned.

3. Voluntary manslaughter is not involy-
ed in the case, and the court did not err in
ailing to instruct the jury on that subject.

4. The court did not err in refusing a new
trial.

RUSSELL, O. J., and ATKINSON, J.,
dissenting.

Error from Superior Court, Stewart Coun-
ty; J. HW. Hawkins, Judge.

John Lee Humphreys was convicted of
murder, and he brings error.

Affirmed.

Hooper & Hooper, of Atlanta, and R. 8.
Wimberly, of Jacksonville, Fla., for plain-
tiff in error.

Hollis Fort, Sol. Gen., of Americus, G.
Y¥. Harrell, of Lumpkin, and Geo. M. Napier,
Atty. Gen., and T. R. Gress, Asst. Atty. Gen.,
for the State.

HILL, J.

John Lee Humphreys was indicted in
Stewart superior court for the murder of

‘his wife, Fannie Lee Humphreys, by shoot-

ing her with a shotgun. Ile was tried and
convieled without a recommendation — to
mercy. He made a motion for new trial on
the general grounds and on two special
grounds. Wis motion was~overruled, and
he excepted.

{1] 1. According to the testimony of quite
a number of witnesses, the defendant was
seen on the morning of October 14, 1931,
driving an open touring car belonging to his
employer, out from the town of Lumpkin,
his wife being crouched down. in the rear of
the automobile. The car turned out into a
side road. A few minutes thereafter the
rural mail carrier saw the car re-enter the
highway and drive away. The mail car-
rier discovered a shotgun in the road and
picked it up. It had two discharged shells
in the barrels. Ile saw a car ahead of him
Which he recognized as Thad Humber’s car,
and a colored boy was driving. The driver

165 SOUTH DASTERN REPORTER

of the car looked back, stopped the car, and
saw the mail carrier get the shotgun, and
then rode away ata fast rate of speed. With-
in a few minutes thereafter the defendant
was recognized by a number of witnesses
returning in the automobile, and they tes-
tified that no one was in the car with him.
On the night of that same day the defendant
was recognized driving the same car, with
several people in the car, on the road and
within a short distance of where the body of
the deceased was found the next morning in
a ditch alongside the road. At the spot
where the car turned out of the main hizh-
way in the morning, tracks of a man and a
woman were found, and two large spots of
blood. The deceased was killed by two chars-
es from a shotgun in the back of the head,
and in the back near and at the “belt line.”
About the time the defendant was seen driv-
ing in the vicinity of this place, witnesses
testified they heard seven shots fired, five
pistol shots and two from a shotgun. When
the body of deceased was found, oats and
oat straw were found in her clothing and in
her hair. The back of the automobile had
oat straw and shattered oats in it. The gun
and pistol were identified as the property
of Mr. Thad Humber, the employer of the
defendant. The defendant was suing his
wife for a divorcee. A fellow prisoner with
the defendant testified that he stayed in the
cell with the defendant several nights, plac
ed there by the sheriff for the express pur-
pose of waiting on the defendant, and that
the defendant made a statement to him with
reference to the killing, and the next night
the sheriff instructed this witness to ask
the defendant a number of questions with
reference thereto, which he did, and the lis-
tening sheriff recorded the questions and
answers, The statement made by the defend:
ant to this witness, and the questions and
answers heard and recorded by .the sheriff
and testified to by him, were to the effect
that the defendant and his wife drove out
the road the morning of the 14th, his wife
Secreted in the back of the car; that he
drove up the turnout road, and there he ac-
cused his wife of running around with an-
other man; a quarrel ensued, and the de-
fendant shot his wife; that night he return-
ed in the automobile with his mother, grand-
mother, and one other; they secured the body
of his wife, wrapped it in a quilt, drove
some distance away, and deposited the body
in the ditch. The evidence introduced by
the defendant was in the nature of an alibi.
and of his good character. In his statement
to the jury he said that he did not kill his
wife, and that he did not make the statement
or confession testified to by the sheriff and
the witness who was in the jail cell with bim

The verdict is supported by the evidence.
sc acalll

>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

NUMPHREYS y. STATE Ga. 735
165 S.E.

[2] 2. Ground 1 of the amendment to the
motion for new trial complains that the court
erred in charging the jury as follows: “The
defendant has also introduced certain evi-
dence for the purpose of showing good char-
acter upon his part. The court charges you
that in criminal cases the defendant is al-
lowed, if he sees fit, to offer evidence as to
his general good character. When such evi-
dence is offered, it is the duty of the jury to
take that testimony, along with all the other
testimony in the case, in determining the
guilt or innocence of the defendant. Good
character is a positive substantive fact, and
may of itself be sufficient to generate in the
minds of the jury a reasonable doubt as to
the guilt of the defendant; and if so, it
would be their duty to acquit. It is the duty
of the jury to take any evidence of general
good character, along with all the other evi-
dence in the case; and if in doing so the
jury should entertain a reasonable doubt
as to the guilt of the defendant, they should
acquit. Nevertheless, if the jury should be-
lieve the defendant guilty beyond a reason-
able doubt, it would be their duty to con-
vict, notwithstanding evidence as to general
good character.” It is contended that the
charge upon the general character of the
defendant was not authorized by the evidence
or the defendant’s statement, and that it was
calculated to create in the minds of the jury
the impression that movant had undertaken
to prove his general character and had fail-
ed to do so, and could only prove good char-
acter for peaceableness, and that the infer-
ence was plain from such apparent failure
that the general character of the defendant
was bad. It is also contended that the charge
placed upon the defendant a burden from
which the law guards him, that of proving
his general character to be good as a defense.
The witnesses for the state used such expres-
sions as “I never heard of any trouble he
had,” and “I would say his character for
Peaceableness was good. I never heard any-
thing to the contrary.” Another witness
testified: “I think I know his general char-
acter for peaceableness in the community.
It is good as far as I know. I never heard
of his doing anything.” We do not see how
the charge complained of could have been
harmful to the defendant. The court charg-
ed the jury that they could consider good
character as a positive substantive fact which
may of itself be sufficient to generate in
the minds of the jury a reasonable doubt
as to the guilt of the defendant; and, if so,
it would be their duty to acquit. ‘The gen-
eral character of the parties, and especially
their conduct in other transactions, are ir-
Televant matter, unless the nature of the ac-
tion involves such character and renders nec-
essary or proper the investigation of such
conduct.” Penal Code, § 1019. The exception
to the charge as given is without merit,

[3] 3. Exception is gaken to the failure of
the court to give in charge to the jury the
law of voluntary mansjaughter, which movant
insists was demanded by the evidence. The
evidence of the witness Benny Parcell, for
the state, was as follows: “Ile [the defend-
ant] said he shot her about B. Burk. * * *
He said he was tired of her running from
him for that man. * * * John Lee said he
had been with Fanny Lee just before he
Shot her. He told me that when he got to
talking to her he saij, ‘I am tired of you
running from me like you do; she said,
‘John Lee, if you forgive me for this time,
I won’t do it any more;’ and that time he
Shot her.” It is argued that this evidence
authorized the inference that the defendant
killed his wife in a sydden and uncontrolla-
ble heat of passion and indignation on dis-
covery of the fact of his wife's infidelity,
in which case the homicide would haye been
manslaughter and not murder, and that the
court should have sq instructed the jury,
and that his failure to so charge the jury
was prejudicial error, Under the decision
of this court in Stevens y. State, 137 Ga.
520, 73 S. E. 737, 88 Ij. R. A. (N. S.) 99, the
facts of the present case would not authorize
the submission to the jury of the theory of
voluntary manslaughter. In the Stevens
Case it was held: “If a wife had been sus-
pected by her husband of infidelity, and
some little time thereafter she stated to him
that she had been guilty of adultery, and
expressed an intention to see her paramour
again, and if thereupgn her husband seized
a gun and killed her, such facts were not
sufficient, under Penal Code 1910, § 65, to au-
thorize the submission to the jury of the
theory of voluntary manslaughter, though a
charge on that subject was requested.” But
counsel for plaintiff in error asks this court
to review the Stevens Case and overrule
that decision. We haye reviewed it and de-
cline to overrule it. The ruling therein was
based upon the Penal Code (1910), § 65, which
declares: “In all cases of voluntary: man-
slaughter, there must be some actual as-
Sault upon the person killing, or an attempt
by the person killed to commit a serious
personal injury on the person killing, or
other equivalent circumstances [italics ours]
to justify the excitement of passion, and to
exclude all idea of deliberation or malice,
either express or implied. Provocation by
words, threats, menaces, or contemptuous
gestures shall in no case be sullicient to free
the person killing from the guilt and crime
of murder.” In delivering the opinion of
the court in the Stevens Case, Mr. Justice
Lumpkin said: “It was argued that while
the words uttered by the wife would not
justify the homicide, pr amount to an as-
sault, or an attempt to commit a serious per-
sonal injury on the accused, they might
amount to ‘other equjvalent circumstances

i]
a?
*

H ad
!

’

4 736 Ga 165 SOUTH EASTERN REPORTER HUMPHREYS v. STATE ey “
; 165 S.E.

i nO Ni a aa.

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to justify the excitement of passion,’ and
suffice to reduce the crime to voluntary man-
slaughter. We cannot concur in this con-
struction of the statute. Immediately fol-
lowing the words last quoted, it is declared
that provocation by words shall in no case
be sufficient to reduce the crime from mur-
der to manslaughter, thus excluding words
alone from amounting to ‘equivalent circum-
stances.” Edwards v. State, 53 Ga. 428.”
See in this connection Rogers v. State, 128
Ga. 67 (3), 57 S. E. 227, 10 L. R. A. (N. 8.)
999, 119 Am. St. Rep. 364.

The evidence for the state tended to show
that, on the day previous to the day on which
the body of the deceased was found, the de-
fendant was seen in an automobile with his
wife crouched down in the rear seat, going in
the direction where the crime was committed.
It was testified that the defendant and two
women were seen after dark on the night of
the day the homicide was committed going in
the direction where the body was found in an
out of the way place on a side road, lying in
a ditch with two shotgun wounds, one in the
back of her head, and the other in the back
of her body, and a pistol wound also in the
back of her head, and that the body had been
taken from where the deceased was shot and
removed to another point nearer the main
road on the side road where she was killed.
All these circumstances tended to show pre-
meditation, and that the killing was not the
result of that sudden heat of passion which is
supposed to be irresistible. The evidence fur-
ther showed that seven shots were fired, five
from a revolver and two from a shotgun; and
even if, as stated above, there was evidence
tending to show that the defendant was not
present at the scene of the homicide at the
time it occurred, the crime was one of pre-
meditated murder and not voluntary man-
slaughter. The court did not err in failing to
charge the law of voluntary manslaughter ;
for in no view of the case was voluntary man-
slaughter involved.

4. The court did not err in refusing a new
trial.

Judgment affirmed.

All the Justices concur, except RUSSELL,
C. J., and ATKINSON, J., who dissent.

BELL, J., concurs in the judgment.

ATKINSON, J. (dissenting),

John Lee Humphreys wae convicted, with:
out any recommendation by the jury, of the
murder of Fannie Lee Humphreys, In ene
ground of the motion for & new trial com-
plaint is made of the omission, without re-
quest, to charge the law of voluntary man-
slaughter as defined in the Penal Code, §§ 64,
65. There was uncontradicted evidence that
the persons named were husband and wife,

living in a state of separation. There was
other evidence as to statements by the de-
fendant, substantially as follows: that “he
killed his wife down there below the bridges” ;
that “he shot her twice with a shotgun” and
“one time with a pistol’; that “he shot her
about B. Burk”; that “he shot her about go-
ing with B. Burk”; that he (defendant) “had
been with” his wife “just before he shot her”;
that “when he got to talking to her he told
her, ‘I am tired of your running from me like
you do;’ she said ‘John Lee, if you forgive
me for this time, I won’t do it any more,’ and
that time he shot her”; that “she put one
hand on one shoulder and the other hand on
the other shoulder and asked him to forgive
her.” In the Penal Code, § 65, it is declared:
“In all cases of voluntary manslaughter,
there must be some actual assault upon the
person killing, or an attempt by the person
killed to commit a serious personal injury on
the person killing, or other equivalent cir-
cumstances to justify the excitement of pas-
sion, and to exclude all idea of deliberation or
malice, either express or implied. Provoca-
tion by words, threats, menaces, or contemp-
tuous gestures shall in no case be sufficient tu
free the person killing from the guilt and
crime of murder. The killing must be the re-
sult of that sudden, violent impulse of pas-
sion supposed to be irresistible; for if there
should have been an interval between the as
sault or provocation given and the homicide,
of which the jury in all cases shall be the
judges, sufficient for the voice of reason and
humanity to be heard, the killing shall be at
tributed to deliberate revenge, and be pun-
ished as murder.’ The question is, Does the
above evidence show “other equivalent cir-
cumstances” within the meaning of this sec-
tion of the Code? In Mack v. State, 63 Ga.
693, 696, it was said; “What circumstances
will present this equivalence, and justify the
excitement of passion, and exclude all idea of
deliberation or malice, the law does not unl-
dertake to say; it furnishes a standard, and
leaves the jury in each case to make the com-
parison, and determine whether the special
facts of the case before them come up to that
standard or not.” See, also, Coleman y. State,
149 Ga. 186, 99 S. E. 627. In Rumsey v. State
126 Ga, 419 (2), 55 S. E. 167, it was said: “In
order to reduce a homicide from the grade of
murder to that of voluntary manslaughter.
where there was neither an actual assault uP
on the slayer, nor an attempt to commit upon
him a serious bodily injury, it is not necessa-
ry that the proof should show that the cit
cumstances of the killing were in the nature
of an assault or an attempt to seriously in-
jure his person, but only that the circum:
stances were such as would as much justify
the excitement of passion as would an actual
assault or attempt to commit a serious per
sonal injury.” In Rattle vy. State, 133 Ga, 182
(2), GD S. E. 382, it was held: “The law does

not require ‘other equivalent circumstances,’
referred to in section 65 of the Penal Code of
1895, to be in the nature of an assault or an
attempt to commit a serious personal injury
by the deceased ; but the circumstances there-
in referred to must be the equivalent of an as-
sault, or an attempt to commit a serious per-
sonal injury, in excluding all idea of delib-
eration or malice and in justifying the ex-
citement of passion. The ‘other equivalent
circumstances’ referred to must be such as
would as much exclude all idea of delibera-
tion or malice and justify the excitement of
passion as would an assault, or an attempt
to commit a serious personal injury.” ‘The
evidence as to conduct of the wife illustrated
by the words attributed to her in the forego-
ing quotations was insufficient to show adul-
tery or confession of adultery by the wife or
cause for arousing irresistible passion on the
part of the defendant, and consequently did
not authorize a charge on the law of volunta-
ry manslaughter. The facts differ from those
involved in the recent case of Smith vy. State,
174 Ga. 878, 164 S. EF. 762, and those involved
in the following cases cited by the attorneys
for the plaintiff in error: Hill v. State, 64 Ga.
453 (3), where the defendant killed a man who
had debauched his wife on meeting him the
first time after knowledge of his guilt; Rich-
ardson y. State, 70 Ga. 825, 829, where the
defendant killed a man after hearing that he
was attempting to commit adultery with de-
fendant’s wife; Mize v. State, 135 Ga. 291,
297, 69 S. E. 173, where the man admitted to
defendant that he had debauched his daugh-
ter; Smith v. State, 168 Ga. 611, 612, 616, 148
S. E. 531, where defendant’s daughter in-
formeé him of the man’s attempt to debauch
her ; Biggs v. State, 29 Ga. 723 (4), 729, 730, 76
Am. Dec. 630, where a husband met and killed
4 man, next morning, who had attempted dur-
ing the night to debauch his wife; Daniels y.
State, 162 Ga. 366, 133 S. EB. 866, where a wife
killed a mistress of her husband after discov-
ery of the relationship; McLendon y. State,
172 Ga. 267 (8) (4), 157 S. E. 475, where de-
fendant found his wife secluded in a house at
night with another man. For the reasons
stated above, it would be unnecessary to con-
sider the request to review and overrule the
decision in Stevens v. State, 137 Ga. 520, 73
S. E. 737, 38 L. R. A. (N. S.) 99, where it was
held: “If a wife has been suspected by her
husband of infidelity, and some little time
thereafter she stated to him that she had
been guilty of adultery, and expressed an in-
tentian to see her paramour again, and if
thereupon her hyshand selzed a gun and killed
her, such facts were not sufficient, under Pe-
hal Code 1910, § 65, to authorize the submis-
Sion to the jury of the theory of voluntary
manslaughter, though a charge on that sub-
Ject was requested.” On review that ruling
should be overruled, because it misconstrues
and misapplies the statute embodied in the
165 8S.E.—17

Penal Code, § 65. Whether voluntary man-
slaughter was involved, as founded on “other
equivalent circumstances,” depended not up-
on the mere words spoken by the woman, but
upon the facts as to her past, present, and fu-
ture conduct, as portrayed by the words, The
facts thus portrayed were suflicient to au-
thorize the jury to find voluntary manslaugh-
ter. This accords with the rulings in several
of the cases cited above.

2. Another special groynd of the motion for
a new trial is as follows: ‘Because movant
contends the court erred in charging the jury
in said case as follows: ‘The defendant has
also introduced certain evidence for the pur-
pose of showing good character upon his part.
The court charges you that in criminal cases
the defendant is allowed, if he sees fit. to offer
evidence as to his general good character.
When such evidence is affered. it is the duty
of the jury to take that testimony, along with
all the other testimony jn the case, in deter-
mining the guilt or innocence of the defend-
ant. Good character is a positive substantive
fact, and may of itself be sufficient to gener-
ate in the minds of the jury a reasonable
doubt as to the guilt of the defendant; and if
so, it would be their duty to acquit. It is the
duty of the jury to take any evidence of gen-
eral good character, along with all the other
evidence in the case; ang if, in so doing, the
jury should entertain a reasonable doubt as
to the guilt of the defendant, they should ac-
quit. Nevertheless if the jury should believe
the defendant guilty, beyond a reasonable
doubt, it would be their duty to convict, not-
withstanding evidence as to general good
character. Movant contends that in so charg-
ing the court placed in issue before the jury
the general character of the defendant, not-
withstanding the fact that the defendant had
hot put such character ip evidence. (a) The
charge of the court upon general character of
the defendant was not aythorized by the evi-
dence or the defendant’s statement, (b) This
charge was calculated ta create in the mind
of the jury the impression that movant had
undertaken to prove his general good charac-
ter and had failed to da so, and could only
prove good character for peaceableness. The
inference was plain from such apparent fail-
ure that the general character of the defend-
ant was bad. (c) This charge placed upon
the defendant a burden from which the law
jealously guards him—that of proving his
general character to be good as a defense.
(d) Such charge was especially harmful in
this case, it being a capital case where the
jury had the right, for any reason it saw fit,
to recommend the defendant to the mercy of
the court. In a case of life and death, where
any circumstance or featyre might easily turn
the scales, such an apparent failure to. estab-
lish general good character under the charge
given might well have influenced the jury ix
failing to recommend moyant to the mercy of

e GASP (Cobb) Avril 7, 1995 __
INGRAM Nicholas Lee, white, elec. GAS Sere!
9

nape error

Ingram dies
in Georgia
electric chair

By Don Plummer and Rhonda Cook
STAFF WRITERS

gram was executed in Georgia’s electric chair at
9:15 p.m. Friday, a dozen years after he robbed
and killed a ‘55-year-old Cobb County man. and
wounded his wife. ' Sh.

News of Ingram’s death was announced by a QP,
prison spokeswoman to a throng of reporters,
many from Britain where Ingram’s case created a q)
furor after Ingram’s mother appealed in vain to na
Prime Minister John Major to intervene on her \~
a
lL

Jen — British-born killer Nicholas Lee In- °

son’s behalf.

All day Friday, Ingram held out hope that the
federal courts would Stop Georgia from executing
him for the 1983 robbery-murder of a Marietta
man. Ingram had forced J .C, Sawyer and his wife,
Mary Eunice Sawyer, into a forest near their se- ;
cluded home, tied them to a tree and shot both of vA
them, but only wo nding“ the woman. Ingram
killed Sawyer for $60 and his pickup truck.

Prison Officials said Ingram, 31, experienced

Seesawing emotions since his first execution time

was postponed less than an hour before he was to
face the electric chair at the Georgia Diagnostic ** ©
and Classification Center here. apa

see

During his last day, prison spokesman Vicki

gry and sullen” prior to. the 24-hour’ stay of his
scheduled Thursday execution to “cocky and con-
fident” after the stay of execution was ordered.
She said he was subdued after learning Friday af-
ternoon that a three-day stay; granted earlier in the
day had been overturned, nero Me

the warden, but made no comment, .

At the end, Gavalas Said Ingram “entered the =
execution chamber‘an angry and’ defiant man.”.

Gavalas said Ingram’s family Visited him on -
Friday, but left the Georgia Diagnostic and Classi- ,
fication Center near J ackson several hours before
the word came down fromthe 11th Circuit Court of:

Appeals that a 72-hour stay granted by U.S. Dis-

Gavalas said, Ingram’s emotions:ranged from “an- §
5
~$

British fought execution to the er

By Rhonda Cook
and Don Plummer
STAFF WRITERS

‘Many in Britain see murder-
er Nicholas Lee Ingram as a mis-
guided boy who was wrong to kill
J.C. Sawyer in 1983, .but who
didn’t deserve to be electrocuted.

They voiced their opposition
all week in a wave of faxes and
telephone calls to the state De-
partment of Corrections, the
state attorney general’s. office
and a federal judge. Several were
addressed to Sawyer’s widow,
via the U.S. District Court or the
state Board of Pardons and Pa-
roles.

“As a parent, I beg you. Try to
let go of your anger and show a
side of compassion for this very
sick and frightened adult child,”
one woman wrote in a letter to

Most said capital punishment in US. is ‘barbaric’

the widow, who has remarried.
“When he committed this terri-
ble crime, he was not responsible
for his actions.”

Even Archbishop of Canter-
bury George Carey on Thursday
sent a letter to the parole board,
noting that the British- born In-
gram already spent some 12
years ‘‘suffering the mental and
spiritual anguish of anticipating
his execution.”

England does not employ the
death penalty, although it is still
on the books as penalty for
treason.

Ingram’s mother, Ann In-
gram, and his attorneys ran a re-
lentless campaign urging British
citizens and leaders to speak out

against the execution.

Ingram’s sympathizers make
little mention of Sawyer, who
was tied to a tree and shot in the
head for $60 and the keys to his
pickup truck, noted Cobb County

Deputy Police Chief- Charron

Moody. Sawyer’s wife, Mary Eu-
nice, was shot and wounded, es-
caping by faking her death.

Moody recalled that the wid-
ow told police that Ingram
seemed to enjoy the couple’s ter-
ror, laughing, for example, as her
husband stumbled and cut his
feet walking barefoot through
the woods.

In a letter to U.S. District
Judge Horace Ward, a couple

from Sussex, England, wrote:
“We both feel very, very strongly
that the death sentence should be
abolished. ... We do not condone
what Nick did 12 years ago, and
we know there must be a deter-
rent. But the [electric] chair is
barbaric.”

However, a commentator for
BBC radio said some Britains
now think that Ingram doesn’t
deserve their sympathy.

‘““Many people are saying,
‘Why is he whining about his
fate, given the particularly grue-
some nature of his offense?’ ,”
said James Stewart during an in-
terview broadcast Friday at noon
(EST).

The execution also has been a
cause célébre on Internet news
groups such as “alt.activism-

- .death-penalty, alt.politics.bri-

tish and soc.culture. british.”

The debate seems fo be divid- <

capital punishment. ‘on ‘ethical
grounds and those, “mostly in
America, trying to expla’ n use of
execution as a deterren ‘to vio-
lence here. e 4

One British posting noted it’s
“amazing to a European [that]
capital punishments ’are' in the
hands of States, sometimes of
very small states, with:limited fo-
rensic resources and long rec-
ords of race-biased justice.”

Staff writer Kris Jensen and

The Associated Press contribut-
ed to this article.

‘to the end’

By Don Plummer
STAFF WRITER

Hoping for a last-minute reprieve of: bs
Thursday execution, British-born killer Nicholas
Lee Ingram’s mother vowed Tuesday to “fight up
to the end for Nicky.”

Ann Ingram said British Prime Minister J olin
Major’s refusal to intervene on her son’s behalf
has not dimmed her hopes of saving him.

“If I was convinced he was guilty, I would still
be with him right’ up to the end,” Ingram said.
“But there is new evidence that he was drugged
[at his trial] and that his lawyer didn’t know.”

She said that between hearings today, aimed
at re-opening her son’s case she plans several
visits to the Georgia Diagnostic and. ¢ assifica-
tion Center at Jackson, where her son has spent. a
dozen years on Georgia’s death row. ae ew

Ingram turned 20 the day he was sentenced to
die for the 1983 murder of J,C. Sawyer during a

robbery at Sawyer’s and his.wife’s secluded Mar- |

ietta home.

wwe
YS nan engy ears tl. at. - #

“Wednesday, April 5, 1995

- The Atlanta Journal
“ The Atlanta Constitution

keke

Paroles...

et culign.

His lawyero wi yo Derore a State court judge
this morning to ask for a new trial after a plea toa
federal court was denied Tuesday. Today’s hear-
ing is based on what lawyers say is recently dis-
covered evidence that Ingram was secretly
drugged before his 1983 trial and that his defense
lawyer was not told he had been diagnosed psy-
chotic.

New Orleans death penalty attorney Clive A.

_. Stafford Smith says the recently discovered med-.

ical information makes Ingram’s 1983 trial “a

sham.”

Stafford Smith said Tuesday that Ingram was
unable to assist in his defense because “‘he was a
man whose mind, body and soul were chemically
addled with a powerful antipsychotic drug —
Thorazine.”

He said Ingram’s defense attorney was not
told that a state psychiatrist had diagnosed the
Army washout and unemployed day laborer as
psychotic. Nor was the attorney told that Ingram
was being medicated before and during his 1983
trial, he said.

Cobb District Attorney Tom Charron, who
prosecuted Ingram for the 1983 crime, did not re-
turn calls seeking comment on the case. *

Ann Ingram, who will not testify at this morn-
ing’s court hearing, will plead for her son’s life
later today at a 3:30 p.m. clemency hearing be-
fore the state Board of Pardons and Paroles. *

A parole board spokesman:said the hearing
will be closed to the public and the board’s deci-
sion will not be announced until Thursday
morning.

“As a mother, no, I don’t think he did it,” she
said. “My feeling of his innocence is the one thing ~
that keeps me going. And I will keep going on un-
til I know that there’s no point. At the moment,
we've still got hope.”

Mrs. Ingram said that if she could talk with
Sawyer’s widow, she would ask her to forgive her
son..

“If] could speak to Mrs. Sawver; first of all, I
would express my sorrow for what happened that
night,” Mrs. Ingram said. “I would say how sorry
I was, but executing Nicky is not going to bring
her husband back.

“Her husband, he died once. Nicky has al-

~ most died three times,” she said. “I’d ask her

heart-to-heart, as a Christian, to forgive him.” -
~ Sawyer’s. wife, who, survived and testified

against Ingram, has since remarried and has not

made public. comments , on. the. scheduled, oul 3

- oe " -
” Ne WIE ae 7a aa

ayers

with a shotgun immediately following the
Tillman homicides; committed many pre-
vious burglaries of other tourist cabins,
all within about a mile of the scene of the
homicides, all within two or three months
and some very recently prior thereto; dis-
posed of the stolen articles; and in one
of the burglaries cut the man whom he
subsequently shot at the filling-station, and
attacked a woman companion, at their cab-
in. The State also introduced testimony as
to the finding of the Tillman shotgun in
woods within 500 or 600 yards of their
cabin on the day after the homicides, to-
gether with a hat and coat, identified as
having been previously worn by the de-
fendant, the coat containing spots which
an expert witness identified from tests
as being human blood; .and testimony as
to the breaking of slot-machines at the fill-
ing-station on the night of the homicides,
and the effort of the defendant two days
later to exchange ten or twelve dollars
in nickels and dimes for bills, with his
statement to the witness that he had “hit
a jack-pot” by a wire trick which he ex-
plained to the witness. The State intro-
duced further testimony as to the previous
burglaries of the tourist cabins, the taking
of articles therefrom, and the defendant’s
subsequent possession or disposal of these
identified articles, besides testimony identi-
fying him as the person who had cut Ches-
ter and attacked his companion at one of
these cabins. The defendant offered no
evidence, but in his statement to the jury
he sought to account for his whereabouts
on the night of the homicides, and for his
possession or familiarity with the location
of the stolen articles; stated that his con-
fession and admissions were induced by
bodily violence and threats; and denied
that he committed the homicides or the
burglaries. The oflicers and witnesses
present swore that the defendant had been
taken to the scene of the crimes, and that
his confessions and admissions had been
freely and voluntarily made.

The general grounds of the motion for
new trial are neither argued nor insisted
upon. All of the 32 special grounds pre-
sent only the questions (1) whether it was
error to permit to stand, over objection,
the opening statements of the solicitor to
the jury that the State would prove the
homicide of Chester at the filling-station
on the night that Tillman and his family
were killed, and the previous burglaries
and cutting of Chester during one of them,
as above referred to; and (2) whether it

3 SOUTH EASTERN REPORTER, 2d SERIES

was error to admit such evidence as to
other offenses, over the objection that they
were irrelevant, immatcrial, and prejudi-
cial.

Jos. C. lester and Chas. D. Russell,
both of Savannah, for plaintiff in error,

Saml. A. Cann, Sol. Gen., and Andrew
J. Ryan, Jr., both of Savannah, Ellis G.
Arnall, Atty. Gen. E. J. Clower, Asst.
Atty. Gen., and C. E. Gregory, Jr., of De-
catur, for the State.

Syllabus Opinion by the Court.
JENKINS, Justice.

[1] 1. While the general grounds are
neither argued nor insisted upon, since
the judgment imposed the death. penalty
the evidence has been examined and found
to fully authorize the verdict.

[2-7] 2. Although it is the general rule
that the character or conduct of a party
in other transactions is irrelevant matter,
unless the nature of the action involves

such character or conduct and renders

such an investigation necessary or proper
(Code, § 38-202), and therefore that evi
dence as to the commission of a crime in
dependent of that for which the defendant
is on trial is generally irrelevant (Cawthon
v. State, 119 Ga. 395 (4), 409, 46 S.TE. 897,
and cit.; Nesbit v. State, 125 Ga. 51, 54.8
E. 195; Frank vy. State, 141 Ga. 243 (2,
b), 257, 80 S.E. 1016; Booth v. State, 160
Ga. 271, 274, 127 S.E. 733; Cox v. State,
165 Ga. 145, 139 S.E. 861; Lanier v. State.
187 Ga. 534, 1 S.E.2d 405, 409), one of
the long-established exceptions, recognize?
in most of those cases and many others in
this State, is that evidence of another et
fense may be admitted for the purpose of
showing motive or a common. plan. er
scheme. Merritt v. State, 168 Ga. 753, 14°
S.E. 46; Sisk v. State, 182 Ga. 448, 430.
185 S.E. 777; Cooper v. State, 182 Ga
42 (3), 51, 184 S.E. 716, 104 ALR. 1307,
Ilonea v. State, 181 Ga. 40, 42, 181 S.b
416; Loughridge v. State, 181 Ga. 261, 204
182 S.E. 12; Tucker y. State, 180 Ga. 8°,
178 S.E. 152; Wilson vy. State, 173 Ga
275, 160 S.E. 319; Williams vy. State, 152
Ga. 498, 521, 110 S.E. 286, Proof of a
confession by the defendant, and other
evidence for the State, showed that after
he killed with an iron bar the father of a
family, the mother, and two daughters, he
took a shot gun from their cabin, and al-
most immediately went to a filling-station
only 80 feet distant, forced the door open.

POOLE y. WRIGHT Ga.
3 S.E.2d 731 7h

shot the occupant, broke into slot-machines,
and took the money therefrom; and that
previously he broke into other cabins, stole
articles therefrom, and when interrupted
in the cabin of the man he afterwards shot
at the filling-station, cut this man and at-
tacked a woman companion. These previ-
eus burglaries and attacks, some very re-
cent, and all occurring in the same neigh-
horhood, within a range of two or three
months before the homicide for which he
was tried, and under similar circumstances,
were relevant to show a common motive
and plan of the defendant to commit such
depredations, one of which was committed
at the time of the homicide by the taking
of the shotgun. While proof of a particu-
lar motive is not essential to establish the
crime of murder (Davis v. State, 74 Ga.
869 (4) ), it is always relevant and admissi-
ble. Boone v. State, 145 Ga. 37, 88 S.E.
558; Wall v. State, 153 Ga. 309, 316, 112
S.E. 142; Hoxie v. State, 114 Ga. 19, 39
S.E. 944; Marable v. State, 89 Ga. 425, 15
S.E. 453. Such testimony being admissi-
ble, the only remaining exceptions, relat-
ing to the solicitor’s reference to this evi-
dence in his opening statement to the jury
as to what he expected to prove, afford
no ground for a new trial.

Judgment affirmed.
All the Justices concur,

4ume

POOLE v. WRIGHT.
No. 12855.

Supreme Court of Georgia.
June 15, 1939.

1. Exceptions, bill of C13

“final judyanent” as to prevent husband’s
application to superior court thereafter to
hear all facts connected therewith and ad-
judge husband purged of contempt because
of his inability to comply with order to pay
alimony.
{Ed. Note—For other definitions of
“Final Decree or Judgment,” see Words
& VPhrases.]

Where on husband's application to be
released from jail on a contempt charge for
failure to pay permanent alimony, uncontra-
dicted evidence showed husband's inability
to comply with order to. pay alimony, supe-
rior court abused its discretion in refusing
to order busband’s release from jail.

Syllabus by the Court,

1. Where the bill of exceptions recites
that “the only testimony adduced” on the
trial was “that of defendant that he had
no property, was unemployed, and that he
could only make payments as specified in
his said motion,” it will not be dismissed
on the ground that it does not contain a brief
of the evidence.

2. A judgment holding one in contempt
of court, not appealed from, is not such a
final judgment as to prevent application to
the court thereafter to hear all facts con-
nected therewith and adjudge the applicant
purged of contempt because of his inability
to comply with the order.

3. Where on application to be released
from jail on a contempt charge the uncon-
tradicted evidence shows the inability of ap-
plicant to comply with the order of court, it
is an abuse of discretion to deny the prayers
of the petition.

—__~>_——

Error from Superior Court, Fulton
County; Paul S. Etheridge, Judge.

Petition by William M. Poole, Jr.

Where bill of exceptions recited that against Mrs. Willie Tom Wright, to secure

“the only testimony adduced” on the trial

release of petitioner from jail where he

Was “that of defendant that he had no prop- was incarcerated upon being adjudged in

erty, was unemployed, and that he could only

contempt of court for failure to pay

Make payments as specified in his said mq permanent alimony awarded defendant. To

tion,” bill would not be dismissed on ground
that it did not contain a brief of the evi-

dence, Code 1933, § 6-S01(1).
2. Divorce €=269(14)

ten-anwiverse jrdgment; the petitioner

brings error.
Reversed.

Winficld P. Jones and W. F. Brandt,

A judgment holding husband in contempt both of Atlanta, for plaintiff in error,

of court for failure to pay permanent. ali-
Mony, not appealed from, was not such a

J. Wilson Parker, of Atlanta, for de-
fendant in error.

SHOR. v0 oy

wwesweo =-

et
aad

peers es

eT ates oxen

sential ook

etch

mPEr 4.

Maximum yesterday st Macon -.

‘Minimum yesterday at Macon 05

jamulgee yesterday st Macon
[Pull report om Page 3)

Welegraph Estabtished 1426

Freeze to Death in :
| 40-Below Weather

‘MOSCOW, Wednesday [AP] — |

reserve troops have failed

eeges
te

& wide sector some 80 miles
ik. where Tolstoy .on

pass.
Prontal
z of Mozhaisk,
patra
Both.

“@shenko, whose spearheads. were
SFeported within 2¢ miles of the

spen
Monday night in the chilly out

had

of their bodies indi-

OFFICERS SLEEPLESS -
The sheriff's staff, which spent

‘W southern German base of | 400

trovsk at. the
Doleper river.
Soviets claimed they were
_ More than matching the power of
- the Nazi forces, both on land and

WAS ies

|Dutch Base
en | Struck Hard

_ | communique acknowledged.

ali within «125
; Soerabaja

_in Double Murder Inquiry
fternoon jailed Bill Patrick Grace

man).

8 staff parti icipat

and Isasc Ir
This: .
ini be
obertson, and Dep-
ed in the speedy and in-

selected by «President Roosevelt
for advancement over hundreds
of senior officers to the temporary

| Yaak of brigadier general. ..

| He ts Laurence S. Kuter, now
36...Confirmation of his promo-
: tion. sent to the Senate Monday
| by the President. would make him
the youngest. general officer in
the Army, 5°. = :

Base

By Japanese.

This first big afr raid-on Java!
came a. day after United States
bombers sank two and probably
three more : Japanese: ‘transports
off. Balik

CASUALTIES HEAVY
Besides Soerabaja. now vita) to

j the. United” Nations as a naval

base ‘because of the tmmobiliza-
tion ‘of besleged Singapore. the
Japanese also attac! 4 Rembang.
Malang. Madioen, and Magetan.
le radius of
-;Some naval establishments and
® few aircraft lying in the eastern
Java port were damaged, ‘and

| BATAVIA, NL, tap}
Twenty-sit Japanese bombers e9-!
‘eorted by rwarms 5

-} developed

ik Papan, eastern Borneo}

some. serious casualties were suf-|°
fered. the Dutch communique said) H

mY iy tts preliminary report

Wel Beets

t strength—men with de-
pendents and those suffering from
minor physical defects—to. build
up the nation’s -fighting forces
were disclosed Tuesday by Brig.
Gen. Lewis B. Hershey, director of
selective Oe ee, a oas

“Solemnly, he cautioned Con-
Gress that all available manpower

must be budgeted as carefully as!
balanced.

appropriations. and . wo,
between the needs of the armed’
forces and the requirements of;
industry and agricuiture for pro-,

ducing essential food and weapons! aay

HEARD BY COMMITTEE

“He appeared before a special
house committee studying dis-
Placement - of industrial . workers

_ Anticipated Soon
'~ By Defense Force -
anese invading columns, expand-

ing by the hour as reinforcements
marched endiessly down through

strait with troops. — Se Sites
This, the fourth day of ‘the

| Blege, brought no action of con-

SINGAPORE [AP] — The Jap-}_

| of
YY | former

t of the Allies is un-:
way.” : : Fae Saad

| Out,
; Concentration and deployment of
; More Allied reinforcements. Thus,
he said, "it does not need my

eral offensive against Singapore
-| fortress be feationg

Every hour that Singepore heid
he added, has permitted the

words to impel you to hold on.”
& Japanese military spokesman
rin Tokyo announeed that the gen-

aid

Singapore.
and that 10,000 Japanese bodies

4. | already “hed arrived te oe

en from the list.of reasons for
military deferment, that the Army

and Navy slready, were planning

to take in men with “uncompli-
cated” cases of gonorrhea as they
facilities for their treat-
Menlo

Again and again, Hershey be-
moaned the “American philosophy
of abundance” and the “belief we
have manpower for everything.” .
“We haven't.” he said, fiatly.
Hershey told the committee that
the Army “in the near future”
would be inducting men from all
age groups between 20 and 45, ex-

plaining that sorf@gf-tbe older
men would be assigned Thy bein
quiring less physical st Py

those handled. by. the ybunger

men. ee
While Hershey was testifying,
-announcement fron the Navy
depattment said that 100.000 men.
have volunteered for naval service
‘Pearl
bor ‘a

China, This was offered as a mere
token of the tremendous joss of
life everywhere. expected to be
suffered by the invader tf he goes
through with the plan to storm
Singapore frontally. +

Of Japs Seen

. CHUNGKING, China’ [AP]
presumably made necessary by

west Pacific, were reported Tues-
day by a Chinese military spokes.

, MMese: convoy of 69 vessels had
been sighted moving south in Fe
Mosa strait off Amoy =. =
Twenty-one ships of the cx
Were transports. be -added.
a) were warships

_ AMong the enemy's knows
rent Maneuvers dn

Spokesman told: a. pre

Or) mgisy aft.

Income Ta

the enemy's losses in the south-j ~

nan who said that a single Jap- 4

‘The Fulton county’
returned the. indictme
ing charges already ma@
-the former governor hb

Tuesday 3
Glover, former state sup
purchases; D. B. Blaloce:
lanta, head of the B

| chinery and Equipment @

George C; Blount; forme
chief highway engineer
maintenance; and J.
supervisor of sta
forces. : ;

No amounts were sp
the new bill: but Assists
tor Ed Stephens. said
“far greater” than the
which the state was a)
first Indictment to have B
frauded on machinery pu
The dill said the s
Rivers" administration
some machinery “far in
market value”: through
Ment of bids and “cio
v.

Payments |
WASHINGTON, — LAP
sands of federal income
ers -— new and old—ha
the gloom out of March
their returns early, the
disclosed Tuesday in an
that such tax receipts w &
twice is large as they werie
ago. a3

“Have you fe Your §

‘| tax returns? If. not, yo:

a series of articles

Heavy Japanese troop movements, }

the ratio *
Aah

{> {Continued Prom Page One} —

= They said they “were gathering
: wood, according to Mr, Harris.’
: 4 Stating that robbery. was obti-
"ously the motive of the slaying,
Harris said officers are continu-
: sets Pals etek PSS aan Oa UE “J ing the investigation to eee
Styl wi bnly eave mcnec hut will ©. |} how much money was taken from
~you will not only save money, but you will 29°. Mr. Perdue, ance Bibb county's
get @ finer quality Topcoat by buying TO- “.fchampion farmer, ahd to try to
MAY P76 ee Pe es : } fecover the money. The gun ‘used
SA cat ee a ae in the double slaying also is being |

: -NEEL'S ENTIRE STOCK OF Ct” = | Hunted. ee ae
VILIAN TOPCOATS HAS BEEN __ | DETAILS UNREVEALED
REDUCED IN PRICES es ae Pending gathering of other evi-
ee ee ee ee Gee See ee Se 2 os 4 dence, Mr. peddastipr eagre to tell
ins ; ‘ “=. ss5)] the entire story of the investiga-
Former Prices $28.50 to $72.50 a : Gori, which ne contends ster
pie EB NOW % ag BAST ie eras: ==} One of Bibb county's most brutai -
Lise ss es = oF erimes record time. © big

aes utes. nO : -{ . An administrator for the Pur-
aS Seg eee : : 2 4, due estate was named Tuesday
597s to $2575 afternoon by Judge Walter C,

Stevens, Bibb county ordinary, at
the request ef Mr. Perdue's broth-| —
-} er, Ben Purdue of Warrenton. R.
ope. canbe Macon, was ap-| -

(Founded 1186 =~
Ove Priee to Everybody

F eae Se ee eae | Nevy. Looks for Japs From Sea and Air
van"! Auburn Plainamen | > UNITED STATES NAVY scout bombers flyin
Mr. Perdue was born in a : formation over surface vessels of the fleet on an ©
: ieee ‘sive patrol in the Pacific ocean. All eyes on planes a
battleships are searching for the enemy. This is a n
_ action picture, re‘eased last ngh fea

‘gway, counting upon thelr speed
to prevent accurate hits by enemy
| TI alec was the first ‘announce-
ment of an enemy warship suc-
fined i lsland fortifications, whose) 20, poe “narrowed the} WASHINGTON, (AP)+A communications com
: Mrs, ie. ps examiner was told Tuesday that as‘a Christmas gift in
The wary Of| the wife of Gov. Eugene Talmadge of Georgia recaiv
at Oe ae oy for $175 watch from the company which the governor now #
night oe to oust as operators of Georgia Tech's Radio Station WC
-. Mrs. Paula J. Wilhite, secretary-treasurer of Sout
Broadcasting Stations Inc., the operati company, said @
gift was purchased with a “due bill’ by which Sout
coe. he netted only five. . | agreed to secant merchandise for advertising watches of
: : Birt). Ve peak te bilis are the basis of
fe opened hl oo ee . against the compan fe
WarDamage | OBITUARY ct cascni Gree a.
Es va = an ee PETER NICHOLAS assachusetts declared Tuesday that Edward J. F

Puneral services for Peter Noe
. 4 j Nicholas, who ¢ this _resf-| Sought “to liquidate the Republican rty and squelch
Bill Approved 4 Nicholas. who died at his res! q Pp pa 3g

; ; ia hee sehen ae ses eriticism.” That, Martin said, was
arg Bes toe oe ee eS Se . were he’ ‘ : ‘ yg
FODAY & THUR. on WASHINGTON. LAP} — Aj Christ Episcopal church at 3 pm pipnatins of Flynn's ae meres
AuNa'3 MOST : $1.000.000.000 insurance fund—| Tuesday. The Rev. Panos Con.| cra fe enairman asser that the R arty
TUL PICTURE was beaten “off byte fed ie ets 2 be minds of maeasteng lorie Figs Rev Raymond “not as much interested in. winning the war as it is i
det j nervous ms who fear enemy e Officiated and burial was ‘in: i ey rtati geen ee
seis sien. at ot | one eat pecy Sa te | Ae an, ou aL ne ee
. V-l pr —won sena : r. ; lee ee Soe oo ae
ered by night flying American coral Tuesday. % oe Br a Greece at ed ne mt hone “3 KUIBYSHEV, Russia, (AP)—The Soviet Union will
pursuit ships which attacked fromj Without @ record roll call sen-/ in Macon for 35 years. “give Hitler the pleagure’ of (Russia's) entering the Pace
the alr. As the invaders approach-/ ators voted the $1.000.000 fund) -- eS Rees war against Japan” Andrei Malyshev, Communist pat
Ssearier coc 4 ae Tie reie Late nd, snother $3.600.000,000} i” WILL H.CANNON = | spokesman-lecturer, declared tonight. : ‘ec
batteries opened op The result./to it in increased borrowing au-| Funeral services for win w/ SPokesman-iecturer, declared tonight,. : <
in the words of the war Gepart-i thority for the government's Re-| Cannon. of Gordon. "Route 1, who] [oc eae eee OE ne Ce
ment, was eq! “ONStruction Finance Corporation, | died in @ local hospital Monday} ~ OTTAWA, (AP)—British casualties at Hong Koug.
“The Japanese force suffered’ genator Maloney {D-Conn!. afternoon, after an filness of sev- cluding Canadians, were 4,000 killed or wounded, “at 2 +
heave casualties in men and boats! tioor jeader for the broad-termed | eral weeks, were held at the Now rough guess,” Defense Minister J. L. Ralston told the h
gn the following morning & Mum-/war-time legisiation, explained | Haven church at 3 pam. Tuesdey | FOugh guess, Be MINIStOL gate. alate GARE D
ber of disabled barges were found that damages up to $15,000 for; The Rev. J. Tom Collins officiated of commons Tuesday night. : ¢ aos
aiong the beaches. Some of these! an individual. corporation. or lo-| and burial was in the New Haven} 9 =e
were burning and “others were! ca) government would be provided wemetery gs, ~The /ASHINGTON, (AP)—JIndiana’s school-tea

t f the invading grou = ees oe : ss ; : ii ti
ie Lonched sarge) ee gee Rem Oe val Sah em] eae ee <T Panaman: Renresenliten Eat Woe Republican, »
Th , (BPUIPMENT CAPTURED _ | Above $15,000 under details to be} DUBLIN. Feb. 3.—Services for) aAsidoned ‘his -“early:to-bed-for government-gals”
74 rf 4 the other side ef the pentn-| Worked out bv the war damage] Mrs. Babe Wynn. 76. of Dexter.) Tuesday and centered his fire on “parasites” in the
——_ war [{auia. on the right of the Mac.| corporation, RPC subsidiary set up| Who died Monday ai her home service.
and Second Hit! 9 Hl arthur line. meanwhile American) Shortly after the yoprise Japanese | Sits bel Suckday ap the pe ee ome :
r . Re 3 tecks; 3 22 PSS eo es ‘ i i regs Ser ae :
: i} | and Filipino troops were counter-/ #¢ 2 “ ty owners; dence. the Rev. €..C, Long of-| KNOXVILLE, Tenn. {A
a Bomaace ond ot ible ie alec Seth diviat a Pa cot a free ride” on dam-| ficisting... Burial was _in Mount proposal that the Tennessee:
oF etd mee “had att empt.| ages from enemy attacks. Bens- me Belicaeoe Cemetery, near
Br aang ee. nad Attempe | cor LaPolletle {Prog-Wis) sug petra Migs Barhhinih key oer grader
ed to: drive a wedge” | gested that the next thing con-| Of inson county, Dut has beer | ©
fend f by tal ‘as- gress should consider would be | Hving at Dexter for 82 vears Bhe
ap ‘tack’ Mac. {similar free Insurance for the men] ¥A4 ® Methodist. Surviving are.&

re dead

On. a

ley

eg *%

re, My?

ry ay, ve
us dao
P, Saee

e 0p,
ribose

Off, m

; of "is Tee
. td ea,
inde? Me

tortured before she was slain?”
Deputy W. G. Waldron of the

Macon, Georgia, Sheriff’s office ad-
dressed the question to Coroner L. H.
Chapman as Chapman knelt beside the
body of the attractive middle-aged
woman in the bloody silk nightgown.

“Look at the way her gown is ripped
to shreds,” said the Coroner. “Look at
the bruises on her arms, face and neck.
Look how her right arm is twisted—
it’s broken. In addition, she was shot
twice, once in the chest and once in
the neck.”

Deputy O. R. Stokes asked Waldron,
“Why would she have been tortured?”

Waldron shook his head. “I don’t
know. That’s only one of the puzzling
things here. Where is Perdue him-
self?”

Deputy J. C. Calhoun walked into
the bedroom and said, “Perdue is lying
back there on the kitchen floor dead!
The killer got him, too!”

“What!” exclaimed Deputy W. L.
Robinson. “Somebody sure went hog-
wild out here!”

Grim-faced, the five officers hurried
into the kitchen. The second victim,
elderly, white-haired J. N. Perdue, lay
sprawled on his side in a pool of blood
just inside the doorway that led from
the dining-room. His head was bat-
tered, a gaping hole was centered in
the back of it. He was fully dressed
with the exception of his shoes.

“The blood is dried and rigor mortis
has set in,” stated Chapman, “Fellows,
your killer has a long start on you.”

The scene was a new, well-furnished
farm bungalow on a remote side lane
leading off from the Marshall Mill
Road, twelve miles southeast of Macon.
It was 5:30 on the afternoon of Feb-
ruary 2, 1942.

Calhoun walked to the front door
and opened it. The cold shadows of
nightfall were slanting across the
bleak, red-clay hills of the Georgia
countryside. A group of silent, awe-
stricken countryfolk stood in the yard,
huddled figures against the winter twi-
light.

“Lang!” called Calhoun.
side, please.”

A tall, well-dressed man detached
himself from the others and hurried

/ PT icra you think Mrs. Perdue was

“Step in-

By Bennett Wright

Special Investigator for _
OFFICIAL DETECTIVE STORIES

Isaac Irwin was a hired hand,
one the police hoped could tell
them of the Perdues’ background

into the house. The officers gathered
around him.

“You discovered the crime?”

“Yes. I’m W. W. Lang, a salesman
for a grocery products company with
headquarters in Macon. I was work-
ing this district today and called
here at 5 o’clock. Nobody answered
my knock on the front door, so I went
around to the back. As I passed the
bedroom window I happened to glance
inside and saw the woman lying on
the floor. Then I beat it to the nearest
phone and called the Sheriff’s office.”

“You didn’t come inside at all?”

“Absolutely not! I knew it was a
job for you men and phoned you as
quickly as I could.”

‘Did you know the Perdues? Had
you ever called here before?”

“No, today was the first time.”

(_ <3 ts a’
< Qa a

“Thanks, Lang. We'll get in touch
with you if we need you again.”

The J. N. Perdues had been among
the most prominent and esteemed resi-
dents of Bibb County. In 1933 they
had won the title of “Bibb County
Champion Farmers” for a banner crop
of corn. At this time, so far as the
officers knew, the middle-aged couple
had been retired, reputedly well off
financially.

Why had this prominent couple been
slain? When? By whom?

Stokes said, “Let’s get the position
of the bodies fixed in. our minds and
then send them to the morgue for au-
topsies. We want to set the time of
death and learn the caliber of those
bullets as soon as possible.”

“Right,” said Waldron. “And we can
phone Headquarters from the morgue.
We'll need every man on this job.”

They went back into the rear bed-
room. Mrs. Perdue lay on the floor
beside the bed. Heavy bloodstains on
the sheets suggested that she had been
shot at least once while lying down.
A wardrobe and dresser stood near by,
drawers open, contents strewn about.
Callously the killer had flung several
neckties across the woman’s body while
ransacking the wardrobe.

“Could have been robbery,” Calhoun
said uncertainly. “But whether the
killer was searching for money, valua-
bles or papers we don’t know. That
can come later.” .

In notebooks they sketched the posi-
tions of the two bodies, carefully meas-
uring distances from walls, doorways
and windows, touching no object that
might bear finger-prints. Two officers
then utilized the remaining few min-
utes of daylight in a search of the
outside premises, while the others ac-
companied the bodies to the mortuary
in the ambulance, .

Chief Criminal Deputy O. L. Harris,
a 20-year veteran on the force, joined
the others at the morgue. With him
was Deputy J. T. Gibson, also a vet-
eran and graduate of the FBI Police
Academy. Harris took charge of the
investigation at the command of Sheriff

James R. Hicks, who was ill in bed.

“How long have they been dead?”
Harris asked the Coroner.

“From twenty-five to thirty-six
hours. There is one bullet in the wo-
man’s body. Another shattered her
wrists and passed out through her
neck. She could have had her hands
up-to her throat, ,pethaps screaming
from the first shot.’ :

“Could the impact from the second
shot have broken her arm?”

“Possibly. But her face and arms
bear numerous bruises. There are three
bullets in the man’s body. One in the.
hip, one in the back and one in the
back of the head. The last two range
downward.”

“How about getting a couple of
those slugs for ballistics?” asked Gib-

son.

“T’ll have them for you in a minute.”

While the surgeon completed the
,operation Harris figured back and said,
“Twenty-five to thirty-six hours. This
is Monday. That would make it some-
time after midnight last Saturday.”

“That’s.a long start,” replied Gibson.
“We'll have to step on it.”

A= a few minutes they had two
good specimens of the death bullets,
one from each of the victims. Harris
held them up between thumb and index
finger, turned them around slowly,
judged their weight. “Thirty-eights,”
he said. “Okay, let’s start at the scene.”

Stokes and Robinson, who had re-
mained at the house, had been unable
to find any helpful .footprints, tire-
prints or other clews about the out-
side premises. The ground was hard-
packed, also many curious spectators
had crowded into the yard upon dis-
covery of the crime. J. C. Smith, fin-
ger-print expert, had arrived at the
scene and was going over the interior
of the house.

“Any luck?” Harris asked him as
they entered the bedroom.

The Identification man shook his
head dourly. “Not a thing. In this cold
weather he might have worn gloves
if he wasn’t smart enough to delib-

NAME PLACE — CiTY OR COUNTY OOE & MEANS

Marvin Honea Gae SP (Fulton) @. 12-20-19 35

ocs GR AGE RACE OCCUPATION RESIOENCE GEN

OF Eile dat

RECORD

DATE

Murder 12-20-19 3h)

victim

David Lord, a relief worker

MOTIVE

Service station holdup

SYNOPSIS
Honea convicted of slaying David Lord, a relief worker, in a filling station holdup in Atlanta,
went +o-+he-chairayearto the day that Lard, a hyestander, was shot because he was slow in obey=-
ing an order to 'stick-em-up,.' ‘ent to chair quietly after thanking Warden for treatment accorded
him at State Prison, Had previously told warden he shot Tord but not intentionally, saying that
he had an automatic pistol in hand and in excitement of holdup pressed trigger accidentally. Five
shocks administered before pronounced dead, ‘ant to chair at 10 AM and pronounced dead 8 minutes

Tater. Mother had come to prison at 6 AN that morning and bade him goodbye. Kis girl friend, wid
had been expected for visit, did not show up. In last week, Governor Talmadge had rejected two
separate ctemency-pileas. A commission appointed by the sovernor ts examine Honea had ruted hin
cane on Nov, & 26 and 8 days later, he stood trembling and with eyes jerking while he heard death
wenn melt i in F a : ; el Ls_inprd

marked by almost daily visits from Aileen Sisk, sister of his companion in the murder, The girl
said she met, Honea after the slaying and fell in love with him, She announced intentions of Marry:
and he secured a divorce from Mrs. Bessie Honea, the first of two wives, Since his parents insti-
cuted proceedings to halt the proposed marriage, the firl renounced her intentions to wed him,

ATLANTA JOURNAL, Dec. 20, 1935, Photograph on page 6

7 t E,

station near Center Hill. Mrs. Sisk, who he subsecuently divorced, testified at trial against
Sisk and Daniel but because of Georgia law could not testify against husband, JOURNAL 5-10-1935

APPEALS

LAST WOROS

EXECUTION

FRANK NEWTON OFFICE SUPPLY-OCOTHAN

2760 «Ga.

ing the selection, drawing, and summoning of
jurors are intended to distribute jury duties
among the citizens of the county, provide for
rotation in jury service, and are merely di-
rectory. This is undoubtedly true. See Rafe
y. State, 20 Ga. 60. Obviously, however, a
disregard of the essential and substantial
provisions of the statute will have the effect
of vitiating the array. In the Rafe Case, su-
pra, it was ruled that such statutes—that is,
statutes regulating the selection, drawing, and
summoning of jurors—are no part of a regu-
lation to secure to parties impartial juries.’
It would perhaps be more accurate to say that
such statutes are not primarily designed to
secure to parties impartial juries.” In the in-
stant case the term was called as a special
term under the provisions of the Penal Code,
section 706. At the time of calling the term,
the judge drew the petit jurors to serve at the
term which was called. The clerk furnished
a list of the jurors so furnished to the sheriff
to be summoned. This was the precept. The
fact that the caption of the list referred to
the term as the “February adjourned term”
did not render the precept illegal. At most
it was a misnomer that could not affect the
ease, The sheriff knew the term intended,
and summoned the jurors, who appeared at
the appointed time. Nor did it affect the case
that the jurors were summoned by mail, and
less than ten days before the beginning of the
special term. The manner and lime of serv-
ice upon the jurors are matters that go to the
necessities and convenience of the court and
jurors, and have no bearing on the question
of affording the defendants a fair trial. The
judge did not err in overruling the challenge
to the array.

[5] 5. The first special ground of the mo-
tion for a new trial sets forth the following:

“During the argument of the case by Hon,
Ilomer Watkins for the State the following
colloquy occurred:

“Mr, McRae: The defendants object to
the statement made by counsel for tne State,
to the effect that the large crowds of people
who have attended this court under these ex-
traordinary conditions—

“Mr. Watkins: I didn’t say that.

“Mr. MeRae: I beg your pardon—have
come here expecting the jury to do justice
in this ease, on the ground that such state-
ments are mide solely for the purpose of
bringing to the minds of the jury the fact
that numerous people have attended this trial,
and made for the purpose of influencing the
jury against these defendants by referring to
the presence of a large body of citizenship of
this county, and I move that a mistrial be de-
clared in this case by virtue of said remarks,
which is highly prejudicial to these defend-
ants,

“Mr, Watkins: In the first place the re-
marks he has set forth here are not the re-

159 SOUTH EASTERN REPORTER

marks I made, and whatever remarks I did
make I freely withdraw them and apologize
to the court and jury for having uttered them,
as not actuated by any improper motive at
all. The remarks I did make was wholly dif-
ferent from what my brother has set forth.
TI want to put in this as the remarks made to
the jury: The great number of people in at-
tendance at this trial are not here through
vengeance, not through hatred or envy or
with any hostile intention toward the ae-
cused, but merely to see whether or not jus-
tice will be meted out and the plaintiffs and
their families protected. I withdraw those
remarks. Those are the remarks I made; 1
withdraw them and I am sure they will have
no effect on the jury.

“Mr. MeRae: I object to the remarks ad-
mitted to have been made by counsel, on the
grounds that they were made for the purpose
of prejudicing the minds of the jury against
these defendants. It is wholly unfair to the
defendants; and therefore I move for a mis-
trial on the grounds that they have prejudiced
the minds of the jury against the defendants.

“Mr, Watkins: I withdraw all remarks
with reference to that, and apologize to the
court and the jury and the accused, and the
jury will be instructed not to consider them
at all.

“The Court: I will take care of that; you
just handle what you want to do about it. it
heecomes the duty of the court in the trial of
the case to guard the arguments and pass on
the motion that has been made in this case
by counsel for the defendants. In the first
place, the remarks having been withdrawn
and apologized for by the counsel for the
State, I overule the motion to declare a mis-
trial, and I desire to go further than that, in
order that a fair trial may be had, and that
one may be had upon the law and the evi-
dence in the ease, eliminating everything else;
and I now instruct you, gentlemen, that any
arguments about people coming to court of
what they think about the trial or what they
wish about it is absolutely irrelevant and has
nothing to do with this case, and is entirely
withdrawn and ruled out, and you are in-
structed to give it no weight whatever, Iam
making this emphatic, because under the rul-
ing of the Supreme Court, and my sense of
what is proper, I have to do this; and as far
as Iam able to do it by instructions to you,
that is withdrawn; and if censure should be
used, I now reply to that; in view of the fact
that it is withdrawn, I do nothing more than
to say that it is improper, irreievant, and
having nothing to do with the case, and you
are to give it no consideration whatever.’

“Movants say that the court erred in refus-
ing to declare a mistrial in said case as Te-
quested by their attorney, because the state-
ments made by counsel for the State as above
set forth in the hearing of the jury greatly

+ aah ONE ged pie

HOLLAND FURNACE CO. vy. LOWE Ga... 277
159 S.E, /

prejudiced the minds of the jury against the
movants and influenced them in finding
against the moyants in said trial, and that
such remarks were such as would naturally
tend to influence the minds of the jury against
the movants, notwithstanding the apology of
counsel and the instructions of the court, and
that said remarks rendered it necessary, to
the ends of justice, that a mistrial be de-
clared, and that the failure of the court to de-
clare a mistrial in said case resulted in the
movants being convicted upon a trial that was
not fair and impartial, and that they should
be granted a new trial.”

The remarks of the attorney were improp-
er; but in view of their withdrawal, and the
apology of the attorney and the remarks of
the court, there was no error in refusing to
grant a mistrial.

{6] 6. The second special ground of the mo-
tion for new trial sets forth the following:

“ry Y .

“Upon the resumption of argument by coun-
scl for the State, another motion was made
hy counsel for the defendants, as follows:

“Mr. McRae: I move for a mistrial in
this ease, on the grounds that counsel for the
State is arguing that “here is the widow, sit-
ting here with a seven-year-old invalid on her
lap." There is no evidence of that. That is
also improper. There is no evidence that
there is such a child, and the argument is im-
proper,

“Mr. Watkins: I was under the impres-
ston that Mrs. Jones testified that there were
two children,

““Mr. McRae: There isn’t anything about
It being an invalid.

““Mr. Watkins: I withdraw that remark,

“"The Court: Gentlemen of the jury, I in-
struct you again that you are to decide this
case according to the law and the evidence,
and all other matters are irrelevant and im-
Proper; and I shall from now on deal with
this matter on my own motion if counsel gets
out of the record. I shall not wait for coun-
sel to do it, and I shall ask counsel to argue
from the law and the evidence and nothing
else. That is the kind of a trial I am trying
to ndminister in this case. That is ruled out,
About the child and the widow; it has noth-
Ing to do with the case.

““Mr. Watkins: Does your honor hold that

I cannot refer to the fact that there is a wid-
ow?

The Court: I am dealing with it as a
whole, not in part. Iam saying that the fact
that there is an invalid child is improper, I
think, Argue the ease according to the evi-
dence.

“Movants say that the court erred in fail-
Ing to declare a mistrial upon motion of their
Attorney, based upon the remarks of coun-

—_—_

sel for the State as above sct forth. That
said remarks were made for the: purpose of
prejudicing the minds of the jury against
movants, and did prejudice their minds
against them, and resulted in movants being
convicted upon a trial that was unfair; and
moyvants say that they are entitled to a fair
and impartial trial, and this they have not
had.”

For reasons stated in the preceding divl-
sion there was no error in overruling this mo-
tion for a mistrial.

{7] 7. The evidence was sufficient to sus-
tain the verdict against both defendants, and
there was no error in refusing a new trial.

Judgment affirmed.

All the justices concur, except RUSSELL,
Cc. J., who dissents.

HOLLAND FURNACE CO. v. LOWE et al.
No. 8097.

Supreme Court of Georgia.
June 10, 1931.

{. Injunction G=>114(2).

Cotenant, not party to sale of furnace to
tenant in common, representing himself to be
sole owner, cannot enjoin seller from remoy-
ing furnace on default under contract.

Syllabus by the Court.

When a tenant in common purchases
from another a furnace for installation
in a dwelling owned by him and his co-
tenants, and the furnace is so installed by
the seller, the purchaser representing that
he is the sole owner of the property, and
the seller, who acts in good faith in re-
lying upon such representation, sells and
installs the furnace in the dwelling under
a contract in which the purchaser stipu-
lates that he is the sole owner of the
premises, that the furnace is to remain
personalty, that title thereto is to re-
main in the seller until the deferred pay-
ments of the purchase price are paid in
full, and that upon default of the pur-
chaser, in the payment of any one of the
deferred payments of the purchase money,
the seller can remove the furnace from
the dwelling; and where the purchaser,
having paid only a small initial payment
upon the purchase price, defaults in the
payment of the deferred installments
thereof, and where, under an accelerating
clause in the contract of sale, the seller
declares all of the purchase money due,
makes demand upon the purchaser for the

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274 Ga.

[2] 2. Another ground of the motion to
continue complained that the defendants did
not have suflicient time to prepare for their
defense. The homicide was committed the
18th of June. A coroner’s inquest was held
the following day, and the defendants were ar-
rested under a charge of murder and placed
in jail in an adjoining county. They consult-
ed an attorney on June 22d, and could have
employed him finally, but preferred to em-
ploy him conditionally, dependent upon the
outcome of investigation by the grand jury.
The grand jury serving for the February ad-
journed term was reconvened on July 11.
The defendants were indicted on that day,
and on the same day they finally employed
the attorney and paid him his fee. The spe-
eial term convened on July 14, and the de-
fendants were put on trial. The controlling
question was as to identity of the person who
committed the murder. There were no Un-
usual or intricate questions of law or fact.
The attorney testified that “the defendants
believe * * * that witnesses can be
found to prove * * *— that one of the par-
ties who are charged with the murder of the
deceased held malice toward him over a peri-
od of time, continued up until the commis-
sion of the homicide,” but that he could not
name any such witness. There was no evi-
dence of the basis of such belief, or as to
which of the persons charged with the mur-
der entertained malice against the deceased.
This ground of the motion for a continuance
comes within the general rule that the time
to be allowed counsel to prepare for trial is
in the sound discretion of the trial judge,
and his discretion will not be interfered with
by this court unless abused. Undor the facts,
there was no abuse of discretion in this in-
stance. Charlon y. State, 106 Ga. 400, 82 8.
BE. 347; Kelloy v. State, 151 Ga. 551, 107 8.
i. 488; Waters v. State, 158 Ga. 510 (4), 123
S. FE. 806; Gower vy. State, 166 Ga. 500, 143
8S. F. 593. The ease differs in its facts from
Sheppard y. State, 165 Ga. 460, 141 S. 1. 196;
Maddox vy. State, 82 Ga. 581, 79 Am. Dee. 807;
Blackman vy. State, 76 Ga. 288, holding that
in the facts of the case the trial judge abused
his discretion in refusing a continuance.

[3] 8. Another ground of the motion for a
continuance was, that, prior to the call of
the special term and of the final employment
of the attorney, an important case in which
the movant’s attorney was an attorney and
also a party was assigned for argument to
be heard in the Court of Appeals on July 17,
and that movants “do not believe that their
attorney can do justice to their cause if said
attorney is forced from necessity to rush
through the trial of this case in order that it
may be completed in time for said attorney
to be present before the Court of Appeals
on July 17th, 1980. * * * Tt will require
not less than a week to complete a fair trial

159 SOUTH EASTERN REPORTER

of these defendants in the event all of the
witnesses now under subpoena by the State
and these defendants are examined.” The
attorney’s connection with the case and its
assignment in the Court of Appeals was
shown. It was a matter of opinion, however,
as to the time necessary for proper trial of
the case under consideration. It will not be
presumed that the trial court would unduly
speed the trial or fail to afford the attorney
opportunity to appear before the Court of
Appeals, if a conflict of engagement in the
two courts should arise. There was no abuse
of discretion in overruling this ground of the
motion for a continuance.

[4] 4. The challenge to the array was as
follows: “Come now the above-named de-
fendants, * * * and challenge the array
of the jury about to be put upon them
* * * and say that the said array should
not be put upon them, for the following rea-
sons, to wit: 1. Said array was not drawn to
serve at this special term of this court, but
was drawn to serve at the February ad-
journed term, 1930, of this court, which lat-
ter term has expired. 2. Said array so
drawn for the February adjourned term,
1930, of this court has not been ordered by
the judge of this court to serve at this spe-
cial term of this court. 8. No precept was Iis-
sued to the sheriff of this county or his dep-
uty to cause said array to be summoned to
serve at this special term of this court, and
it was not fairly or properly impaneled. 4.
Said array was not summoned by the sheriff
or his deputy ten days before this special
term of this court convened as required by
section S827 and 856 of the Penal Code of
Georgia, 1910, as shown by the minutes of
this court on page 598 of Book 26 of minutes
of the superior court of Polk County, which
shows that said array was drawn on July
5, 1980, less than ten days before this spe-
cial term convened. At the time the paper
was filed the judge made the following or-
der: “The following named persons were
drawn to serve at the February adjourned
term of Polk superior court, pursuant to and
in conformity with an order passed by the
judge thereof calling a special term of Polk
superior court. Said order dated July 5th,
19380, and entered on the minutes page 598, is
hereby made the order of the court calling
said special term. 7/14/30." Immediately
following the order was a list of names, which
was headed: “The following named persons
were drawn to serve at the February ad-
journed term of Volk superior court.” This
was marked: “Filed in Oflice, August 11th,
1930,” and was signed by the clerk. The
sheriff testified that he received the lst ef
names on July 7, and on the same day sum-
moned them by mail, At the conclusion of
the sheriff’s testimony, the judge overruled
the challenge to the array.

SM i

HULSEY v. STATR Ga.

275

159 S.K,

The VPenal Code, section 796, declares:
“The judges of the superior courts may, in
their discretion, hold adjourned terms of
said courts in every county within their re-
spective circuits, when the business requires
it to close the dockets, and may, in the exer-
clse of a sound discretion, cause new juries
to be drawn for the same, or order the juries
drawn for the regular term to give their at-
tendance upon such adjourned terms; and
such judges are authorized to hold special
terms of said courts for the trial of criminals,
or for the disposition of civil business, either
or both, in any county of their circuits, at
discretion, and to compel the attendance of
grand or petit jurors, either of a previous
term, or to draw new jurors for the same,
according to the laws now in force.” This
section of the Code is in the language of sec-
tion 1 of the act approved December 24, 1890
(Acts 1890-1891, vol. 1, p. 74). The language,
“according to tle laws now in force,” refers
to former statutes as codified in the Code of
Issz. That Code contains, among others, the
following: “§ 3910. (d) Grand and traverse
Juries, how selected. Commissioners in each
county in this State, appointed by the pre-
siding Judge of the Superior Court, and con-
stituting the jury commissioners, shall revise
the Jury list, and shall select from the books
of the tax receiver upright and intelligent
men to serve as jurors, and shall write the
hames of the persons so selected on tickets,
as.required by law. It shall be the duty of
sald Jury commissioners to select from these
a suflicient number, not exceeding two-fifths
of the whole number, of the most experi-
enced, intelligent and upright men, to serve
as grand jurors, and the jurors left after
such second selection shall constitute tray-
erse jurors.”

“$ 3910. (e) Jury boxes, how made up.
Sald jury commissioners shall place the tick-
ets containing the names of grand jurors in
a box to be provided at the public expense,
Which box shall contain apartments marked
number one and two, from which grand ju-
tors shall be drawn as now provided by law,
and said jury commissioners shall place the
Uckets containing the names of traverse ju-
rors in a separate box, to-wit; the jury box
how in use, or other similar box, from which
traverse jurors shall be drawn as now pro-
vided by law.”

“$ S011. Grand jurors, how drawn. The
Indses of the Superior Courts at the close
ef each term, in open Court, shall unlock said
hox, and break the seal, and cause to be
drawn from apartment number ‘one,’ not less
than eighteen, nor more than thirty names
fo serve as grand jurors at the next term of
the Court: all of whieh names, as well as the
names drawn to serve as petit jurors, as here-
after provided for, shall be deposited in
Apartment number ‘two;’ and when all of

the names shall have been drawn out of
apartment number ‘one,’ then the drawing
shall commence from apartment number
‘two’ and the tickets be returned to number
‘one,’ and so on alternately; and no name,
so deposited as aforesaid in said box, shall,
on any pretense whatever, be thrown out of
said box, or destroyed, except when it is sat-
isfactorily shown to the Judge that the juror
is dead, removed out of the county, or other-
Wise disqualified by law.”

“$3931. * * * Petit jurors, how select-
ed, drawn and summoned. Petit jurors are
selected in the manner and by the authority,
and their names are placed in a box, as pro-
vided in section 3910 (d), and at the same
time, and in the same manner that grand
juries are drawn, the Judge shall draw out
of the jury-box thirty-six names to serve as
petit jurors for the trial of civil and criminal
‘ases, and such petit jurors are summoned
in the same manner as is provided in this
Code for summoning grand jurors.”

In Williams y. State, 69 Ga. 11, 27, refer-
ring to the precept mentioned in the forego-
ing sections of the Code, this court said: “Un-
der our law, it [precept] is a very simple
thing. It must contain the names of the per-
sons drawn, and that is all the statute seems
to require. Code, § 3913. When the clerk
hands that list to the sheriff, it is his duty to
Serve the persons named. We presume this
was done. [Grinad v. State], 84 Ga. 270,
Nothing to the contrary appears of record
here. It is doubtful whether it be important
to inquire about such matters at all. They
relate, it appears, not to the securing of a
fair and impartial jury for the defendant as
much as to the mode of bringing the jurors to
the court, and equalizing, by rotation, their
duties among themselves. Such seems to be
the ruling in [Rafe y. State], 20 Ga. 60. See,
also [Bird v. State], 14 Ga. 43, and dissenting
opinion in [Finnegan y, State], 57 Ga. 427."
In Rafe y. State, 20 Ga. 60, it was said:
“The Statutes for selecting Jurors, drawing
and summoning them, form no part of a sys-
tem to procure an impartial Jury to parties,
They establish a mode of distributing Jury
duties among persons in the respective eoun-
ties, subject to that kind of service, and of
setting apart those of supposed higher quali-
fications for the most important branch of
that service; they provide for rotation in
Jury service; they prescribe the qualitien-
tions of Jurors, and the time and manner of
summoning them, and are directory to those
whose duty it is to select, draw and summon
persons for Jurors.” This doctrine was re-
ferred to approvingly and applied in Wool-
folk v. State, 85 Ga. 69 (5), 11S. E. S14, in
Rawlings vy. State, 163 Ga. 406-419, 136 S. bk,
448, and in Pollard y. State, 148 Ga. 44753,
96 8S. KE. 997, 1000. In the last case, it was
said: “It is also said that statutes regulat-

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[7-9] The charge contained in the second
special ground is not erroneous for any of the
reasons assigned. So far as delivered, the
instruction is correct and complete. If fur-
ther instructions were desired, they should
have been requested. The fact that a killing
may be in hot blood does not, without more,
relieve or mitigate the offense of murder.
Considering the charge in this case ag a
whole, it refutes all of the complaints alleged
against it. In this ground the evidence is lib-
erally quoted, in an endeavor to show that
there was no evidence that the defendant was
either intentional or reckless in the use of
the deadly weapon. An examination of the
evidence additional to that quoted, as well as
this excerpt itself, might authorize the jury
to conclude that the defendant was exceeding-
ly reckless in the use of the deadly weapon,
especially as he knew that the trigger of the
gun was, as he says, “tricky.” Norman In-
gram, one of the witnesses, testified: “Just
before Brown shot, Edith told him. he ‘had
told a lie. Brown shot just a second after
this. At the time Brown said, ‘I told you
once, I told you twice,’ he had his thumbs on
the hammer, drawing the hammer back as he
-talked.”’ The same witness testified: “When
the gun fired Brown was not looking directly
at Miller. I don’t think I said he was. He
was looking at the girl. She was the one he
throwed the gun on. Brown had his thumbs
crossed on the hammer. He was cocking it
as he came up with it. The gun came up
slowly.”

{10-17] The third ground complains that
the court erred in leaving out of consideration
the essential elements of malice or premedita-
tion: and: (a) The charge. It authorized a
conviction for murder by the “intentional use
of a gun.” (b) This was confusing to the
jury, and they could well understand the
court to mean that they should convict if the
defendant intentionally had a gun in his
hands. (ec) The jury should have been
charged that if the gun was intentionally in
his hands but was fired accidentally, he could
not be guilty of murder, or if the gun was
tired through the negligent acts of this de-
fendant in handling the,gun he would not
be guilty of murder, but would be guilty of
one of the grades. of involuntary manslaugh-
ter. (d) The charge was error because it left
out the firing in hot blood. (e) The charge
was argumentative, and particularly harmful
to movant, in that it was about the last word
from the court, and its effect was to efface
prior instructions on accidental killing and
involuntary manslaughter. (f) It was error
because inapplicable to the evidence. We do
not think that any of these assignments are
meritorious. As already stated, we think the
court had sufficiently detined the term “mal-
ice.” Nothing said by the court authorized a
conviction for murder by the “intentional use

165 SOUTH EASTERN REPORTER

of a gun.” Nor was anything confusing to
the jury in the language used by the court in
the instructions of which complaint is made.
The instructions in regard to accidental kill-
ing, as contained in the charge, are clear and
explicit; and elsewhere in the charge the
jury were instructed that if the gun was
tired through the negligence of the defendant
in handling the gun, he would not be guilty of
murder, but might be guilty of one of the
grades of involuntary manslaughter. If fur-
ther instructions had been deemed to be of
importance, an appropriate request should
have been presented. The instruction com-
plained of is not argumentative, nor of such
a nature as to affect his prior instructions on
accidental killing and involuntary man-
slaughter. Nor was the instruction inapplica-
ble to the evidence in the case.

[18,19] We have several times read the
evidence in this case. It was at first almost
incredible that an old man, sixty-four years

_of age, should kill a woman in the circum-

stances of this case; so again we questioned,
was not the shooting accidental? The charge
of the court applicable to this inquiry would
have fully authorized the jury to acquit the
defendant, had the jury, in view of the evi-
dence, sustained the defense of accident. But
this is a question of fact, where the jury, in
full possession of the law appropriate to the
matter, found adversely to the contention of
the plaintiff in error upon evidence which we
find, upon review, fully authorized the conclu-
sion that the killing was not an accident.
‘he case ig one, perhaps, which counsel for
plaintiff in error frequently refers to as “hot
blood.” If so, the plaintiff in error permitted
an ungovernable anger to take possession of
him, with no greater provocation than that
he was called a liar. He ran for his gun, be
cocked it, he raised it slowly, and according

_to the evidence had the gun pointed at the

body of Edith Miller when the shot was fired
which robbed her of her life, entirely un-
armed except with a woman’s tongue. Mere
words will not constitute an assault. Their
use will not authorize the use of a deadly
weapon, nor reduce the offense of murder
(which every felonious homicide is presumed
to be) to voluntary manslaughter. The plain-
tiff in error had a fair trial. There is no com-
plaint as to the admission or rejection of te>
timony, or the existence of any incident in
the course of the trial which might sway oF
prejudice the jury. The charge of the court
was eminently fair, and a very able exposi-
tion of the law applicable to the facts in
whatever light the jury might consistently
view them. Nevertheless, as every citizen 8
responsible for the proper control of his tem-
per, the plaintiff in error cannot complain
that he suffers the penalty of the law.

Judgment affirmed.
All the Justices concur,

WIMBERLY y. TONEY .Ga. 957
165 S.E.

HULSEY et al. v. STATE.
No. 8860.

Supreme Court of Georgia.
Aug. 11, 1932.

Syllabus by Editorial Staff.

Criminal law @=951 (5).

Refusing extraordinary motion for new
trial based.on newly discovered evidence, aft-
er hearing conflicting evidence, held not abuse
ef trial court’s discretion.

RUSSELL, C. J., and ATKINSON, J.,
dissenting.

Error from Superior Court, Polk County;
J. R. Hutcheson, Judge.

William Hulsey and Fred Hulsey were con-
victed of murder, their extraordinary motion
for a new trial was overruled, and they bring
error.

Affirmed.

At the special July tern, 1930, of Polk su-
perior court William Hulsey and Fred Hulsey
were tried and convicted for the murder of
Clifford Jones. The defendants were sentenc-
ed to be electrocuted. They made a motion
for new trial, which was overruled, and
mney. brought the case to the Supreme Court
y writ of error. This court affirmed the
Jidgment overruling the motion for new tri-
al, Hulsey y. State, 172 Ga. 797, 159 S. E. 270.
Subsequently the defendants niade an ex-
traordinary motion for new trial based on
certain newly discovered evidence. On pres-
entation the trial judge refused to entertain
this motion, for the reason that the grounds
did not set up good and sufficient cause for
the grant of a new trial. The defendants
thereupon tendered to the judge a Dill of ex-
ceptions assigning error upon this ruling, and
en the denial of their application to be al-
prwed to file the motion, and on the refusal
‘o entertain it. The judge declined to cer-
tify this bill of exceptions, on the ground
that there was no merit in the extraordinary
motion for new trial. On October 6, 1931,
he defendants presented to the Supremé
Court their petition praying that this court
frant a mandamus nisi, directed to the
jndge of the superior court, calling upon
him to show cause why he should not be re-
‘mired to certify the bill of exceptions and
pe the case to be sent to the Supreme
ourt for review and corrections of errors
oo of, and that upon the hearing the
. odamus be made absolute. The manda-
oo a was granted by the Supreme Court,
ar a respondent, Judge J. R. Hutcheson,
en: us response, The Supreme Court, on

ember 20, 1931, passed an order refusing

to grant a mandamus absolute to compel the
judge to certify the bill of exgeptions, but
ordered him to entertain the motion and to
hear evidence thereon. The judge, in compli-
ance with this order, heard evidence on the
extraordinary motion for new trial, and re-
fused to grant a new trial. To this judg-
ment the defendants excepted.

Wm. G. McRae, of Atlanta, for plaintiffs in
error.

S. W. Ragsdale, Sol. Gen., of Dallas, Geo.
M. Napier, Atty. Gen., and T. R, Gress, Asst.
Atty. Gen., for the State.

Syllabus Opinion by the Court.

HILL, J.

The newly discovered evidenge, including
the counter showing made by the state, is
very voluminous, and has been carefully
read and considered. The trial gourt did not
abuse its discretion, after hearjng this con-
flicting evidence, in refusing the extraordi-
nary motion for new trial.

Judgment affirmed.

All the Justices concur, except RUSSELL,
Cc. J., and ATKINSON, J.,; who dissent.

WANG Ae \

~ WIMBERLY v. TONEY et al.
No. 8795.

Supreme Court of Georgia.
Aug. 13, 1932.

{. Fraudulent conveyances €=309(1).

Charge that creditors cannot set aside
bona fide sale by insolvent for yaluable con-
sideration, without intention to defraud cred-
itors which is known to buyer, although made
to near relative, held not error.

Charge that voluntary tvansfer, and
transfer transferee knows is made to defraud
creditors, is fraudulent, held not confusing
or misleading.

3. Appeal and error 1067.

In suit to set aside allegedjy fraudulent
transfer, submission of questjon whether
transferor was insolvent, although there was
no contrary evidence, held not reversible er-
ror. f

transfer on finding that transferor intended

to defraud creditors, but ignorjng questions

>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

165 S.E.—17

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paroled twenty-nine criminals in one day!
Previous to this, he had extended the same
courtesy to 272 convicts. Many of these
were killers who had been sent up for life.

Parole boards all over the country are
almost daily turning loose men of the
Marion Hunter stamp.

Is it any wonder that these “Marion
Hunters” now in our midst take their
murders nonchalantly, even flippantly and
boastfully? Is it any wonder that the
state represented by such governors and
such parole boards is regarded with con-
tempt by habitual criminals when it prose-
cutes them for their crimes?

And the slain dead are not the only
ones who suffer. The innocent C. H. Bo-
ney, owner of the filling station, was re-
garded with suspicion by many for days.
He was “detained” for questioning. The
latter was a necessary step and the duty of

the police under the circumstances, but it -

Double-Cross

would have been unnecessary if society
had protected him as he had a right to
be protected. The fact that he took his
detention good-naturedly and was glad to
cooperate with the police, doesn’t remove
that. responsibility. No matter how inno-
cent a man may be, it is no joke to be
held in jail or to be looked upon by fellow
citizens with the suspicion of murder in
their eyes.

Boney was released with apologies im-
mediately upon Marion Hunter’s confes-
sion.

As for the wanton slayer; his trial for
the Tillman murders opened January 24th,
1939. He was indicted on five separate
charges, all capital. Hunter was convicted
and sentenced to death. On February 15th,
he was denied a new trial by Judge John
Rourke, Jr. The killer was executed on
August 4th, 1939, at the State Prison in
Reidsville, Georgia.

in Triplicate

(Continued from page 21)

disillusioned man.

With the shrewdness of the unedueated,
Belanger had taken no money with him
when going to town to answer Painchaud’s
advertisement, Introduced = to Touch-
ette by Painehaud, he lind, after) innume-
erable excuses and delays, been shown the
plates, allowed to handle some of the crisp
American bills and been persuaded to
sign a note.

Returning home he had decided the
whole thing was too risky and had written
demanding the return of his note, only
to learn that it had already. been dis-
counted, Finally he had written a lawyer
to protest it. “A nice bunch of scoun-
drels,” muttered Lepage as they drove
back toward the city. “But we've got an
nee-in-the-hole here when the right time
comes to play it.”

That night their luck was in again when,
searching the saloons in the narrow old-
world Mast Mnd with its cobbled) streets
and overhanging buildings, they cume once
more upon the ubiquitous Grignon, this
time in a more genial and expansive mood,
He had deliberately disappeared, he told
them, to cast aside suspicion, since he
felt he was being watched.

Mysteriously he hinted that he had
come ueross news that was big -tremen-
dous—news that entirely transcended any-
thing that had gone before! The whole
aspect of the case was assuming interna-
tional proportions, Touchette and La-
Juande were mere toys in the hands of big-
time men from across the line, who would
take over the management of affairs. Big
things would break before long!

“When?” demanded Stevenson,

“Soon,” asserted Grignon. “Very soon.”
Some of the Montreal crowd, he added,
were dissatisfied with the new. arrange-
ments and were trving to double-cross each
other. “But me,” he said, producing his
wallet and whipping out perfect $50 and
$100 Federal Reserve bills, “I’m in strong
now. The press, it’s fix, and they’re ready
to run off the bills right now. They want
me to straighten out the lines and fix ze
numbers. Then I will find out where
they are, Be ready,” he added, swaying
unstendily to his feet. “Things—they
are coming to a head.”

Things were coming to a head, all right.
For even as Grignon spoke, Fate was
shuffling the cards, preparing to deal a
hand that would give them a swift and
entirely unexpected turn.

At nine o’clock next morning, Belanger
was making a xtatement in the Police bar-
racks on Sherbrooke Street. At about

-specding automobile,

the same time Touchette, crossing St.
Catherine Street, was mowed down by a
He was left there,
a battered wreck, to be conveyed uncon-
scious to the hospital, with secant hope
held for hix reeovery. It was exactly three
hours later that) Painehaud sought out
Stevenson with the information that he
had left Touchette but a few minutes be-
fore, and that he had gone to “some farm-
house” to run off a bunch of bills!

The detective thanked him and smiled
inscrutably,

In the meantime Inspector Wilcox was
having a confidential talk with Staff-Ser-
geant Salt, a burly, granite-faced officer
who had already made a name for him-
self in handling troublesome cases. “The
tentacles of this counterfeiting syndicate
seem to be developing new roots every
day.” He threw a sheaf of papers on the
desk. “What appeared to be a simple
routing investigation is developing into
one of bewildering intricacy. Lepage and
Stevenson need more help. You'll take the
ease in hand immediately, and use as
many men as you require,”

SWINGING promptly into action, Salt
requested Lepage to bring Grignon in
to seo him, The meeting occurred behind
closed doors next morning. What passed
between them nobody knew, but it be-
came abundantly evident that, somehow,
the resolute Sergeant had broken through
the seemingly impenetrable wall of re-
sistance. The following day, Saturday,
June 8rd, Grignon sought out the Ser-
geant in a state of obvious excitement,
with word that he brought news of great
importance. He was unaware of the fact
that his every move had been under
the closest. surveillance,

“T have found them,” he announced.
“They are working in a house—a farm-
house—on Isle Ste. Therese.”

“Splendid!” exclaimed Salt.

“Out,” continued Grignon confidentially.
“Go there om Monday and you'll catch
them right at work.”

The moment Grignon departed, Salt
acted) with lightning swiftness. Lepage
and Stevenson left immediately for an
unknown destination and Salt) busied him-
self with preparations.

As the purple cloak of night descended,
and the lights of the city glittered
through the darkness, two cars carrying
a squad of armed Mounted Police: Cor-
poral Churchman, Constables Lepage,
Stevenson, Larche and Courtois, headed
by Sergeant Salt, rolled silently out of the

MASTER DETECTIVE

barracks yard :
route, came ti
bank at Domin
a waiting motor
the driving rai
the mighty St.
Therese, fourte:
island, four mil:
was heavily w:
of scattered hv
It had chang
turies and was.
primitive as in
its soil was rev
moccasined co
Troquois as ps
desperately wit
for possession «
Landing at 1
their way cai
through wet ¢
growth, stealin
past primitive :
of which were
of orange light.
appeared limnr
ness of the sk:
the farmer, (|
Quickly the
selves around :
Salt gave the
flared into fla:
building in 1
scarlet. Should:
ously open thi

. a

In Place Vig:
countorfeiters
of

tois, Lepage an:
hands grasping
stered .45’s.

Two drowsy
by the intrusio:
tions.

“Get up!” Sal
tumbled two g:
protesting they
ing shelter fron
gave their nan
Philippe Duroc
bunk emerged 5
his eyes in ol
swung toward |
non!

“So,” said S
aweeping the
press, the autor
the colored ink
the neat bundl:
and $50) bills,
Innocent fisher:
the wet. All re:
he snapped th:
Durocher, “giv:
seareh,”

Behind a she!
Courtois discos
while a whisy.
sent. Stevenson
neath which lay

Salt turned u
frightened men.
the rest of the
fifteen thousand
and fifties.”

MAY, 1940

compared with those obtained from the
vending machines by Inspector Doney.
The comparison put the Macon suspects
out of the picture so far as this crime was
concerned.

Futile as every cffort seemed, each day
brought promise of something new in the
case.

A double-barreled gun and a hat‘and coat

: were picked up in the Lincoln Park section
by a hunter, about 200 yards from the
scene of the crime. The officials believed
that it was a shot from this gun that had
killed Chester. At last, they thought, a
real clue had been found. The weapon
could be traced. and once the name of its
owner was learned, it wouldn’t be long be-
fore that man who had used it so ruth-
lessly would be in the toils of the law.

THE gun was Lraced. It belonged to Till-
man. The intruder had evidently car-
ried it out of the litthe white cabin when
he xtrode from the seene of din initial
crime, and then used it for the slaying of
Chester at the filling station door. But—to
further intensify the feeling of frustration
—it bore no fingerprints,

These new disheartening developments
were thus added to the discouraging series
of events that had made more impene-
trable the black veil of mystery surround.
ing the cuse.

There remained the hat and coat to be
investigated. So far as the police could
learn, neither hud belonged to James Till-
man or Tom Chester. If they were the
property of the murderer, they meant
something, bul, after considering past ex-
yveriences, the suthorities did not dare
rope that anything worthwhile would
develop from them.

The hat was an old one, which had been
subjected to hard wear and much mis-
treatment. Its distinguishing mark was an
acid stain, that would enable almost any
one to differentiate it from among the
thousands of men’s hats that must have
been worn in the communities where this
particular one had circulated. It bore a
label, too: “Red’s Sport Shop”—three
words which, with the acid spot, gave the
investigators encouragement, The coat had
none of these distinguishing characteristics.

The coat and hat were turned over to
County Officer B. W. Harper and Police
Sergeant T. J. Mahoney. The two men
started out to trace the clothing with the
energy for which they are noted. Day
after day they spent trying to determine
the ownership of these two articles of ap-
parel.

Through the sports shop, the hat was
traced to a man named Jerome Jones. The
officers immedintely located him, and, re-
straining their eagerness under an official
demeanor, they thrust the hat before him
and demanded whether it were his.

Jones looked at the soiled, weather-
beaten piece of felt, then at the officers’
serious expressions. Taking the hat, he
slowly turned if, around in his fingers.
While the detectives watched, he care-
fully studied the ucid stain on the top.

Looking up al. the two men, he said, and
there was fear in his eyes, “No, this isn’t
my hat.” .

“What do you menn?” the officers asked,
ulmost in unison. “You looked at that
spot as though you'd seen it before.”

“Yes, boss; yes, boss,” replied the col-
ored man tremblingly. “It used to be my
hat, but I done give it away.”

“Oh, you ‘done give it away’,” repeated
one of the officers. “When, and to whom?”

“T let Dixie have it a long time ago.”

Midnight Debacle

(Continued from page 39)

“Who is Dixie?” questioned Mahoney.

“His right name’s Arthur Bayfield.”

Sensing the officers’ changing attitude,
his immediate fears lessened, und he was
evidently eager to tell them where they
might find Bayfield to corroborate his
story. Taking him with them, Harper and
Mahoney hurried away to locate “Dixie.”

This man was also quakingly curious
when confronted by the two investigators
and Jerome Jones. The hat was produced
and the same questions were asked. Bay-
field glanced at his friend in bewilderment.

He took the hat, turned it around u
few times, and said reluctantly:

“Jones gave it to me.”

Harper looked at Mahoney significantly,
then inquired, “When did you wear it
last?”

Bayfield hesitated, glancing out of the

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corners of his eyes at Jones; then he said
sullenly, “I ain’t done scen it for a long
time. I gives it to Marion Ifunter.”

Thinking they were being given the

“run-around,” the officers continued to
question the two closcly, impressing on
them the importance of telling the truth.
Bayfield insisted, as did Jones, that he had
loaned the hat to a friend, and to prove it,
they’d go and find Hunter.
* But the slouths decided that they had
better search for Hunter alone. Taking
the two with them to the lock-up, from
which they were released when their in-
nocence was established, the officers started
out to locate the last known possessor of
the battered. headpiece. The address given
was No. 6 Charles Lane, Savannah. Ma-
honey and Harper bent their steps in that
direction immedintely.

They reached the house about eleven
that morning. Hunter was not at home.
TIis sister Jennie, however, stated that
both the hat and eoat, whieh the officers
carried with them, belonged to her brother,
‘Two other girls corroborated the informa-
tion.

Sergeant Mahoney Jeft to make a search
of the neighborhood for the wanted man,
while Harper awaited the arrival of the
suspect. He did not know Tunter by
sight, but felt sure he’d have no difliculty

in getting him to identify himself. So filled
was the courageous officer with his sense

. of duty that he did not stop to think that

he was expecting to confront alone a man
who, according to their belief, had callous-
ly killed five persons with a ruthlessness
which would be as nothing to his mur-
derous vengeance as he found himself
cornered.

After the girls had been removed, Officer
Harper stationed himself at one side of the
kitchen door. His hand was eager on his
holster; his ears strained for the sound of
footsteps; his whole being wae alert with
expectancy. Slowly the minutes ticked
away until the silence in the room became
oppressive. The tensencss of sensation and
consequent rigidity of muscles became al-
most insupportable.

As time went on and nothing happened,
Harper relaxed a little. He began to be
afraid that Hunter had got wind of their
suspicions and had already made tracks
oul oof town. Still, he renseured himself,
everyone had been close-mouthed about
just what the authorities knew. ven the
newspapers had not been furnished with
the reasons behind police activities,

Suddenly the detective stiffened. His
hand, which had lain carelessly on the
handle of his gun, elutehed it tightly. Te
had cnught the sound of voices, followed
by the shuffle of approaching fect. ‘The
footsteps paused outside the door. Slowly
the knob turned. Whipping out his pis-
tol, Harper covered the two men who
stepped into the room, while his cyes en-
deavored to determine which was Hunter.

Both men had stopped in their tracks
like soldiers obeying a password demand,
At the sight of the gun, a mask of fear
came over their faces.

“Are you Hunter?” asked Harper.

“No, sir,” answered both, so quickly that
their voices seemed one.

“Stand back over there, then,” ordered
the officer, “against the wall.” His gun
flashed as it supported his instructions,

With one eye on the two unexpected
callers, Harper remained near the door,
waiting for it to open once more.

The two prisoners were silent as they
watched the man with the gun, und again
the breathing was the only sound in the
room.

N INUTES passed. More footsteps were

heard. The door opened and a tall
young man strode in. He was barely in-
side when he, too, was greeted by Harper
and his pistol. The same question was
asked, and the same breathless negative
answer given. The newcomer was ordered
to join the others.

The entrance of this third aman broke
the tense atmosphere. He began whis-
pering to the others, usking what was up.
The sleuth disregarded their conversation
as he resumed his post near the door.

Five minutes passed. Again the door
opened. This time there was no need to
ask the question. One of the men herded
against the wall laughed nervously us he
suw the startled expression on the visitor's
face when the gun was thrust in front of
him.

“The officer got you, too.” he joked, as
his companions joined in the uniatural
laughter, Remembrance of their own fear
when they had been surprised victims,
saused them to fecl a degree of almost
comic relief at the sight of another man
going through the same unexpected ex-
perience.

The rapidly increasing group in- the
room now relieved the tenseness of the air

MASTER DETECTIVE

with nervous
- per remained
watchfulness
Seven men
6 Charles |
Harper wait:
comed by |},
companions
officer was Iv
were on hin

GAIN th:
negro w!
bullet-like hy
expected we:
was no com:
the corner,
seven stared
whose heavy
body went )
matic and d
to ask who
stillness spok
was Marion
Harper so:
man, who cal
though his «
secking ans
The offiess
City Detect
to the hous:
courageous
to) Hendqtar
Fora while
ing between
finnee. The
Were foo ine:
intelligence, «
coat had) pro
finally admit:
with the adn
dened _ boastfi
In the pre-
Chief Deputy
of City Deter

MAY, L040

his

of
ith
ed

myer
nid

d,
be
er
‘ks
olf,
nut
the
ith

His
the
He
wed
Che
wly
pis-
who
en-
iter.
icks
ind.

fear

that

‘ered
gun

ected
loor,

they
gain
1 the

were
+ tall
y in-
arper
was
sative

dered

broke
whis-
is up.
sation
vv.
door
ed to
verded
as he
isitor’s
ont of

ced, as
uitural
vn fear
ictims,
almost
r man
od ex-

in. the
the air

PRerivas

with nervous, joking remarks, Only Har-
per remained unrelaxed, steady in his alert
watchfulness.

Seven men had entered the house at No.
6 Charles Lane in the three hours. that
Harper waited. Seven men had been wel-
comed by his gun and forced to be_his
companions in that small kitchen, The
officer was beginning to wonder if the joke
were on him,

AGAIN the door opened, A stockily built
negro with impassive face entered, His
bullet-like head jerked as he faced the un-
expeeted weapon in’ Harper's hand, There
was no comment from the seven men in
the corner. There was no laughter. The
seven stared wide-eyed at the last arrival,
Whose heavy eyebrows furrowed as his
body went rigid. The silence was) dra-
matic and damning. ‘There was no need
to ask who the cighth man was. The
stillness spoke cmphatically to Harper. It
was Marion Hunter.

Harper soon had the handeuffs on the
man, who calmly admitted his identity, al-
though his eves roved around the room
secking an avenue of escape,

The officer now summoned help, and
City Detectives Wiman and Beebe hurried
to the house. With their assistance, the
courageous detective got all his prisoners
to Headquarters. :

For a while Harper refused to talk, vary-
ing between moods of sullenness and de-
fiance. The hat and the coat, however,
were too incriminating for even his stolid
intelligence, especially as the marks on the
cout had proved to be bloodstains, He
finally admitted his atrocious crime, and
with the admission came a spirit of har-
dened boastfulness.

In the presence of Mahoney, Harper,
Chief Deputy Sheriff C. J. Purdy, Sergeant
of City Detectives Fitzgerald, and Special

Detective John CG. Miller, he wrote and
signed the following confession :

“My name is Marion Hunter. I am
twenty-five years old, and I make this
statement freely and voluntarily, without
the fear of punishment or the hope of
reward.

“TP was coming from the Sugar Refinery
at seven-thirty and TI come down the road,
the Cordon road, and PT lose $2.90 gambling
with cards, und I come on.

“T went into the little house through
the window and I killed a man and a
woman and L killed two little girls. I
carried a key out, also a knife and an iron
pipe and a shotgun, double-barrel,

“After L came out of the little house I
carried the double-barreled) shotgun and
went to the filling station. I forced the
door open, and a man came up, and I
stepped back, and the man stuck his head
out of the door and [ shot him. [ then
went and got the slot machines and
broke them up. IT went in a building after
breaking the lock off, and it was there I
broke the machines up with a hammer of
some kind. Out of the machines I got
nickels and dimes and pennies.

“After shooting the man at the filling
station, I carried him back in the door.
I threw the pipe away in the field, and I
went down the street across the Augusta
road, and in a field I threw my coat and
hat and two shotguns away. I caught the
street enr that morning on the Augusta
road; about the second street car coming
to Savannah. I then went home to Charles
Lane.”

The slayer was taken to the seene of his
crime, where he pointed out where he had
thrown the iron pipe. and where he had
discarded his hat and coat. During his
reenactment. he added little details which
he had omitted in his first confession.

According to these, he first looked in

the north window of the cabin, and then
went to another near the entrance.

“T stand up a little while when I gets in,
and then I looked for money. The pcople
woke up. They said, ‘Who’s dat in dere?’
As they raised up to see, 1 killed them.”

Detailing the slaying of Chester at the
filling station, he said:

“LT open the screen door and pushed
against the other door with my shoulder,
LT heard a noise and jumped back, A man
stuck his head out. I shot him through
the sereen door und he fell out. I carried
him back into the place.”

Thus were snuffed out the lives of five
persons, who looked to society to protect
them; the sume society which had several
times been warned that) Marion Hunter
Was nothing but a predatory wild animal,
who had no more justification for being
permitted to roam the streets than a lion,
tiger, or other jungle beast. To his way of
thinking, the lives of five human beings
were insignificant compared with his need
for u few dollars. If seven persons had
stood in his way. there would have been
seven murdered; if nine, there would have
been nine dead instead of five.

T shouldn’t take even a superficial

psychiatrist to have rated Marion THun-
ter’s danger to society. It shouldn't take
more than the intelligence an average man
has who is not afflicted with a culpable
sentimentalism to have protected those
five who ure now dead from the clutches
of such a fiend.

Marion Hunter was guilty of those five
atrocious murders. He admitted it. But
does the system which permits habitual
offenders who have shown themselves ca-
pable of any and every crime to go free,
admit its own guilt?

The governor of a southern state, on
going out of office recently, pardoned or

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728 Ga.

ed to appeal to the street committce, for
the reason that the defendant’s refusal of
a previous application for a permit to in-
stall the same or similar fixtures had been
reversed by the street committee on ap-
peal, and that this action by the street
committee constituted a binding and con-
clusive determination as the law of the
case, fixing the defendant’s duty, and ren-
dering an appeal unnecessary in reference
to the refusal of the permit which the
plaintiff is now secking to have granted.
There is no merit in this contention, for
the following, if not for other reasons:
(1) The petition shows upon its face
that the second application was to install
the fixtures at a different location and for
a different owner or tenant. It does not
appear that the conditions and circum-
stances were the same in each instance.
(2) The principle known as the law of the
case is applied only to orders or judgments
of a judicial tribunal; and the street com-
mittee is a mere administrative body and
not a court. In City Council of Augusta
v. Loftis, 156 Ga. 77, 118 S.E. 666, 669,
it was held that a board of health having
similar functions was not “an appellate
judicial tribunal.”

[3,4] It docs not follow, however, in
the instant case that the petition did not
state a cause of action for mandamus.
“All official dutics should be faithfully per-
formed; and whenever, from any cause,
a defect of legal justice would ensue from
a failure or improper performance, the
writ of mandamus may issue to compel
a due performance, if there shall be no
other specific legal remedy for the legal
rights.” Code, § 64-101. While it is the
general rule that this writ will not lie to
compel performance of official duty when
there is any other specific legal remedy, it
is also the rule that the law will not re-
quire a party to do a vain or useless
thing before undertaking to assert his
rights. Baynes v. Bernhard, 12 Ga. 150
(2), 154; Coffee v. Ragsdale, 112 Ga. 705
(2), 37 S.E. 968; Fraser v. Jarrett, 153
Ga. 441 (3), 451, 112 S.E. 487; Southern
Life Insurance Co. v. Logan, 9 Ga.App.
503 (2), 508, 71 S.E. 742. Among other
things, the pefition alleged: “Your peti-
tioner shows that the defendant states
that he is not bound by the street com-
mittee; and that although there is no
law in the ordinance of the City of At-
lanta authorizing him to decline said ap-
plication, that he will nevertheless refuse

8 SOUTIL EASTERN REPORTER, 2d SERIES r

to issue any permits unless required to do
so by court. Defendant further states that
he will prohibit the installation of said
portable shower-baths.” If the defend-
ant has thus in effect asserted in advance
that any action of the street committce
would be ignored, the law should take him
at his word, and not thereafter require
the doing of that which if done would be
unavailing. If, as was held in the Augusta
case, supra, such a committee is a mere
administrative body, this committee could
not do more than reverse the opinion of
the plumbing inspector, and could not ac-
tually and directly cause the issuance of a
permit. Accordingly, in the circumstanc-
es alleged, the prescribed administrative
remedy would virtually amount to no rem-
edy at all; and certainly the relief afford-
ed thereby would not have been com-
parable with that obtainable through the
writ of mandamus, by which the defend-
ant could be compelled, on pain of im-
prisonment, to issue the permit. The street

committee could only instruct; it could

not discipline. The facts alleged there-
fore created an exception to the rule stat-
ed in the Augusta case, as to the necessity
of resorting first to “this ministerial rem-
edy.” It appearing from the allegations
that the defendant had no valid reason for
refusing the permit, that his action was
capricious and arbitrary, and that in all
the circumstances the plaintiff has no spe-
cific legal remedy for enforcement of his
legal rights, a cause of action for man-
damus was stated; and the court erred
in sustaining the general demurrer to the
first count. City of Camilla v. Norris, 134
Ga. 351, 67 S.E. 940; Reynolds vy. Bros-
nan, 170 Ga. 773, 154 S.E. 264.

[5] 2. While the petition alleged that
the defendant had stated “he will prohibit
the installation of said portable shower-
baths,” there is nothing to show the kind
of interference the defendant will employ.
The defendant might have meant that he
would prohibit their installation by crim-
inal prosecution or by other proceeding in
court. Nothing of this kind would entitle
the plaintiff to injunction, nor does the
petition otherwise show such interference
or impending danger as to authorize the
grant of an injunction. In this respect
the petition alleges nothing more than a
mere apprehension, and it is also too in-
definite. Bowden v. Georgia Public Serv
ice Commission, 170 Ga. 505, 153 S.E. 42;
Southern Oil Stores, Inc., v. Atlanta, 177

Aaa REAR ste i Yl Sait aes

HUNTER vy. STATE Ga. 729
3S. E.2d 729

Ga. 602, 170 S.E. 801. See also Brock v.

State, 65 Ga. 437.

[6] 3. The court did not err in over-
ruling the general demurrer to the answer.
In his answer the defendant admitted that
the action of the street committee was
final and binding on him as chief plumb-
ing inspector in so far as the installation
of bath fixtures at the Fulton Bag & Cot-
ton Mills was concerned. He denied, how-
ever, that his action in refusing the ap-
plication under consideration was capri-
cious and without reason or lawful au-
thority. He alleged, on the contrary, “that
he had a good, sufficient, and lawful rea-
son for declining to permit the installation
referred to, because the installation of
this type of shower bath is dangerous to
the public health, because it rusts, is a
gathering and breeding place for germs,
and tends to spread disease.” The answer
also denied the arbitrary statements at-
tributed to the defendant in the petition,
and declared that “he will issue permits in
every instance where it is his legal duty to
do so.” These allegations were sufficient
as against the general demurrer.

For the reasons stated in the first divi-
sion of this opinion, and for these reasons
only, the judgment must be reversed.

All the Justices concur,

KEY NUMBER SYSTEM

°
“aame

HUNTER v. STATE.
No. 12805.

Supreme Court of Georgia,
June 14, 1939.

1. Homicide 250
Evidence held suflicient to authorize con-
Viction of murder,

2. Criminal law =369(1), 376

Generally, character or conduct of party
to aetion in other transactions than that in-
volved therein is irrelevant, unless nature
of action involves such character or conduct
and renders investigation thereof necessary
or proper. Code 1933, § 38-202.

3 S.E.2d—4614

3. Criminal law €=369(1)

Evidence of defendant’s commission of
crime independent of that charged is gener-
ally irrelevant.

4. Criminal law €=371(12), 372(1)

Evidence of defendant’s commission of
another offense than that charged may be ad-
mitted to show motive or common plan or
scheme.

5. Criminal law €=371(12), 372(4)

In trial for murder of occupant of tour-
ist cabin, evidence that defendant broke into
and stole articles from other such cabins in
same neighborhood, cut man in one of them,
and attacked his woman companion within
two or three months before homicide, was
relevant to show defendant’s common motive
and plan to commit such depredations.

While proof of particular motive is not
essential to establish crime of murder, it is
always relevant and admissible.

7. Criminal law €=919(1)

In murder trial, solicitor’s reference to
admissible evidence of burglaries and cutting
by defendant before crime charged in open-
ing statement to jury as to what state ex-
pected to prove, afforded no ground for new
trial after conviction.

—

Error from Superior Court, Chatham
County; John Rourke, Jr., Judge.

Marion Hunter was convicted of mur-
der, and he brings error.

Affirmed.

Marion Hunter was found guilty, with-
out recommendation, of the murder of J.
S. Tillman by beating him with an iron
pipe and blunt instrument. The wife and
two young daughters of Tillman were
found with him in their one-room “tourist
cabin” all killed by bludgeon wounds about
their heads. The body of Tom Chester,
with a shot gun wound in the head, was
found about the same time on the floor of
a filling-station, about 80 feet distant. The
evidence for the State consisted of a sign-

confesstony-and tesTintony..of a_similar

oral confession and admissions in the pres=~~

ence of several witnesses, that he killed
all of these persons; took a shofgun from
the cabin of Tillman at the time of the
homicides there; committed a burglary of
the filling-station and killed the inmate

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Briton Wins Stay Of Execution

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

JACKSON, Ga. (AP) -- He ate a breakfast of eggs and potatoes,
visited with 20 family members and refused to give a taped last
statement. And then, his head shaved and his appeals nearly exhausted,
Nicholas Lee Ingram waited to die.

But an hour before the British-born killer was scheduled to be
executed in Georgia’s electric chair Thursday, he was given a reprieve.
U.S. District Judge Horace T. Ward granted a temporary stay while he
considers a request for a new trial.

The execution was rescheduled for 7 p.m. Friday.

Ingram’s lawyer argued that he should be granted a new trial because
he was under the influence of the anti-psychotic drug Thorazine during
his 1984 trial, making him appear emotionless and remorseless. The
state Supreme Court rejected that argument earlier Thursday.

Ingram, 31, was sentenced to death for abducting 55-year-old J.C.
Sawyer from his suburban Atlanta home in 1983, robbing him of $60,
tying him to a tree and shooting him in the head. He also shot Sawyer’s
wife; she survived and identified Ingram as the killer.

"They believe the death penalty is a barbaric act," state parole
board spokesman Mike Light said. “They say the death penalty is a
ritual that has no place in the 20th century."

The archbishop of Canterbury, George Carey, said Thursday he sent a
letter to the parole board noting that Ingram already spent some 12
years "suffering the mental and spiritual anguish of anticipating his
execution."

"Show mercy and commute the death penalty to a sentence which offers
eventual hope of fresh life and rehabilitation," Carey wrote.

The parole board unanimously refused to grant clemency Thursday.
"This board pays great credence to victims of crime," said board
Chairman Wayne Garner, who held an unprecedented death-row meeting with

Ingram on Wednesday night.

Ingram, who holds dual citizenship, was born in Cambridge, England,
to a British mother and American father. The family moved to Georgia a
year later.

Ingram’s mother asked the British government to intervene, but Prime
Minister John Major declined. :

The board has commuted six death sentences since Georgia resumed
executions in 1983. Eighteen people have been executed since, the last
on March 31, 1994. :

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

ATLANTA (AP) -- Georgia’s parole board Thursday refused to spare a
British native who is set to die tonight for the 1983 robbery and
murder of a 55-year-old man. The case has attracted widespread
attention in Britain.

The decision by the five-member Board of Pardons and Paroles was
unanimous, said Chairman Wayne Garner. He made an unprecedented trip
to the death-row prison in Jackson on Wednesday evening for a
face-to-face talk with the condemned man, Nicholas Lee Ingram.

"I think if there’s a foundation for this board, that foundation
is fairness," Garner said.

> An hour be

Cuted, an Atlan gram, 31, was: ,
me Ingram’s cao! Judge stayed j fo be electro- |

foes in Britain: T,nee, “2S Pushed by can;
J.C. and Mary unice Sa F Fl cite 3 he shot
Fo ; . aE ga eth Aa 0 Marietta. ree i

ww B be os

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

ATLANTA (AP) —- Georgia’s parole board Thursday refused to Spare a
man set to die in the electric chair tonight for a 1983 murder, after
the board’s new chairman held an unprecedented private meeting with
the man.

The death sentence for Nicholas Lee Ingram, a British native, had
drawn widespread attention in Great Britain.

Thursday’s decision by the five-member Board of Pardons and
Paroles was unanimous, said Chairman Wayne Garner, who went to the
death-row prison in Jackson on Wednesday evening for a face-to-face
talk with Ingram.

It was the first time a member of the parole board had interviewed
a death row inmate before making a clemency decision, said board
spokesman Mike Light. Prisoners are never present at Georgia parole
board hearings.

Garner would not reveal specifics of his talk with Ingram. "We had
a general discussion about his life and his background," Garner said.

Ingram, 31, was to be put to death this evening for the 1983
murder of 55-year-old J.C. Sawyer, who was abducted from his Marietta
home north of Atlanta, robbed of $60, tied to a tree and shot in the
head. Sawyer’s wife survived the attack and identified Ingram as the
killer...

Ingram had two other appeals pending in state and federal courts
Thursday. The U.S. Supreme Court refused a request for a stay on
Wednesday.

A Georgia judge also denied a stay Wednesday, rejecting arguments
that Ingram was under the influence of the drug Thorazine during his
1984 trial without the knowledge of his lawyer or the judge and jury.
Ingram’s attorneys say the drug made him appear emotionless and
lacking remorse. ;

Garner’s 20-minute meeting with Ingram Wednesday followed an
emotional, one-hour clemency hearing in Atlanta, where a hoard of
reporters —- many from England -- hovered outside.

The board heard from members of Ingram’s family and also talked by
phone with Sawyer’s widow and son, Garner said Thursday.

The board has commuted only six death sentences since Georgia
_ resumed executions in 1983. Eighteen people have been executed since

then. .

Ingram’s attorney, Clive Stafford Smith, was not at his office
this morning and could not be reached for comment. David Marshall, a
barrister from England who has been working with Smith, said: "I'd
always had hope. I’m disappointed.”

The case has been a top story in England, where Ingram -- who
holds a dual citizenship -- was born to a British mother and American
father. The family moved to Georgia a year later.

Capital punishment was effectively outlawed in Britain in 1965

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written
authority of the Associated Press.

JACKSON, Ga. (AP) -- A British native won a stay of execution an
hour before he was to die in the electric chair Thursday as the
archbishop of Canterbury and others pleaded for leniency.

U.S. District Judge Horace T. Ward delayed the execution of
Nicholas Lee Ingram until Friday afternoon while he considers an
appeal.

Ingram’s lawyer had argued that Ingram should be granted a new
trial because he was under the influence of the anti-psychotic drug
Thorazine during his 1984 trial, making him appear emotionless and
remorseless. The state Supreme Court rejected that argument earlier
Thursday.

Ingram, 31, was sentenced to death for the 1983 robbery-murder of
55-year-old J.C. Sawyer, who was abducted from his suburban Atlanta
home, robbed of $60, tied to a tree and shot in the head. Sawyer’s
wife survived and identified Ingram as the killer.

The state Board of Pardons and Parole unanimously refused to grant
clemency to Ingram Thursday, saying his punishment fit the crime.

The case has drawn intense scrutiny from the media in Britain,
which effectively outlawed capital punishment in 1965, although it’s
still on the books for treason.

The prison and the parole board were inundated Thursday by phone
calls from Americans and Britons.

"They believe the death penalty is a barbaric act and that the
execution of Nicholas Ingram should not be allowed to go through.
They say the death penalty is a ritual that has no place in the 20th
century," parole board spokesman Mike Light said of the British
callers.

The archbishop of Canterbury, George Carey, said Thursday he sent
a letter to the parole board earlier in the week, noting that Ingram
already spent some 12 years "suffering the mental and spiritual
anguish of anticipating his execution."

"Show mercy and commute the death penalty to a sentence which
offers eventual hope of fresh life and rehabilitation," Carey wrote.

Ingram, who holds dual citizenship, was born in Cambridge,
England, to a British mother and American father. The family moved to
Georgia a year later.

Ingram’'s mother asked the British government to intervene, but
Prime Minister John Major, in Washington this week, declined to
intervene.

Parole board member James T. Morris considered it his job to
ignore the international media frenzy.

"If you get involved in the emotion of the case, you lose all
sight of what you’re here to accomplish," Morris said.

The board has commuted six death sentences since Georgia resumed
executions in 1983. Eighteen people have been executed since, the
last on March 31, 1994.

Metadata

Containers:: Box 12 (2-Documentation of Executions), Folder 5
Resource Type:: Document
Description:: Willie Hubbard executed on 1944-01-05 in Georgia (GA)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 29, 2019

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