Georgia, R, 1849-1973, Undated

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REDDICK, Herbert Lee |

17-year-old black man, electrocuted for murder, Georgia
State Prison, (Bibb County) on June 30, 19);7. ‘ Appealed
and affirmed, but little on case (2 SOUTHEASTERN (2nd)
fhe - GEORGIA BOOK AND MAGAZINE EXCERPTS.

Paper gives age as 19), Was re-sentenced on June 11 after
Supreme Court affirmed death penalty given an April, He was
cor.victed of the mrder of his employer, 0. D. Grooms, —
produce dealer, in May, 196. He allegeiily killed Grooms |
just outside of McRae while they were enroute to Florida.
According to testimony, he hid the truck in a wooded area

' and took $1,000 from dead man's wallet, Reddick arrested
shortly afterwards in Florid, and ppproximtely $9,000 re-
covered, Case transferred to Bibb from Telfair County on a
‘enage of venue. MACON TELEGRAPH, June 30, 197 |

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104. Ga.

a verdict of guilty, without a recommenda-
tion. The defendant made a motion for a new
trial, which was overruled, and he excepted.

{1] 1. One White, a witness sworn for the
state, was permitted to testify, over objection
of the defendant: “I saw Pat Randall after
it was said he had shot and killed Uriah Har-
rell, He came to my house and shot at me.
He came up on the porch first, and said he
wanted to talk tome. My wife did not want
me to go out. Pat Randall knocked the
latch off my door and came in. He had a
gun. I was sitting by the fireplace. He shot
the gun in my house, and the shot from the
gun went in my mattress. I came out in the
hall, and my wife left. Pat Randall shot
once in the house and once on the outside of
the house.” This testimony was objected
to on the ground that it was “irrelevant and
prejudicial, and related to a transaction oc-
curring after the shooting of Uriah Harrell,
and threw no light on the case on trial.” The
court overruled the objection. This ruling
was not error. The incident testified to by
White occurred very soon after the homicide,
perhaps in less than an hour. It may have
been an hour and a half. The defendant, it is
inferable from the testimony, went imme-
diately from the scene of the fatal shooting
to the house where he and White lived. His
conduct showed utter recklessness; and the
evidence objected to may well be considered
as part of the res geste; but, if it was not
a part of the res gest, it was admissible to
show the animus of White. See Lampkin v.
State, 145 Ga. 40, 8S S. E. 563. There was tes-
timony to show that, when the defendant
was arrested later in the night by the sheriff,
he was drunk; that he was utterly indiffer-
ent to the effects of the deed he had com-
mitted; he was in a reckless mood; he was
laughing so as to attract the attention of the
otticer arresting him, And the testimony of
White, objected to, if not admissible for any
other purpose, would be admissible to cor-
roborate the sheriff’s testimony that the ac-
eused was drinking, and, of course, evidence
of the fact that he was drinking or drunk
would be material and admissible evidence.
This ruling also disposes of the exception
eontained in another ground of the motion,
founded upon the objection to the testimony
of the wife of White.

(2] 2. A part of the court’s charge to the
jury was as follows: “The defendant claims
that he killed the deceased in seif-defense;
he claims that at the time he shot and killed
the deccased the deceased stood up and ran
his hand in his pocket for a knife, and was
attempting to attack him. If you believe
that is the truth, from all the evidence in
the case, taken in connection with the defend-
ant’s statement, you should find the defend-
ant not guilty. The defendant further claims
that at the time he shot and killed the de-
censed the deceased stood up and ran his
hand in his pocket for a knife and thought

169 SOUTH EASTERN REPORTER

he was attempting to kill him and that he
killed him.”

Movant contends that no such contention
as that stated by the court was made by the
defendant in his statement on the trial or
otherwise; that the only reference to a knife
by the defendant in his statement was in
connection with an encounter between the de-
fendant and the deceased in the town of
Cuthbert, on the same day as that on which
the killing occurred, several hours before
the actual killing. In his statement the de-
fendant did say: “The night I shot Uriah
Harrell he jumped on me in town here, and
called me a son of a bitch. Uriah Harrell
had a pocket-knife, and he took out his knife
here in Cuthbert, and this is where he cut
me. He said he was going to kill me, and I
was afraid of him. He was coming along in
a wagon that night, and he looked and saw
me, and said ‘there is the son of a bitch
now.’ He raised up and put his hand in his
pocket, and I shot him.” In view of the
statement thus made by the defendant, the
charge was not erroneous on the ground that
no such contention as that stated by the
court was made by the defendant. It is true
that the defendant did not say that the de
ceased ran his hand in his pocket for a knife,
and attempted to attack the defendant; but,
from the facts stated by the defendant as
to what occurred in town when, as he stated,
he was cut by the deceased, and the state-
ment as to what happened when the homi-
cide occurred, the instruction by the court
was authorized. Certainly, if inaccurate to
a certain extent, it was not so inaccurate as
to be reversible error.

[3] 8. Error is assigned on the failure of
the court to give in charge the law of volun-
tary manslaughter; movant insisting that
the defendant's statement and the testimony

showed facts making relevant and appropri- —

ate the law of that grade of homicide. With
this contention we cannot agree. Under the
evidence the law of voluntary manslaughter
was not involved. After proving threats
made by the defendant, the state introduced
an eyewitness, Walter Williams, who testi-
fied in part as follows: “We were going
home together on the wagon, Floyd Hay,
Tom Sammons, Ben Mitchell, Uriah Harrell,
and myself were on the wagon. I was driv-
ing the wagon. I had a pair of mules hitched
to the wagon. We left Cuthbert that evening
after dark. It was five or six miles from
Cuthbert to Uriah’s home. I saw Pat Randall
that night before I left Cuthbert. I know
nothing of any trouble between Pat Randall
and Uriah Harrell before I left town. I
saw Pat Randall while on my way home. I
first saw him about fifty yards from Mr.
Butler’s. I was still in the wagon. Vat
Randall was walking along the road, meeting
me. No one was with him, I did not see a
weapon in Pat Randall's hand until after
he had shot. He called my name, and I

RANDALL v. STATE Ga. 105
169 S.E. :

stopped the mules. He said, ‘Is that Walter
Williams? and I stopped the mules. Pat
Randall asked if Uriah Harrell was in the
wagon, and Uriah said yes, and Pat said to
Uriah, ‘Haven’t I always treated you right?
and the gun fired. Pat Randall did not give
Uriah time to answer him. Pat Randall shot
Uriah Harrell. Pat was five or six steps
from Uriah when he shot him. The load hit
Uriah Harrell under the left shoulder. Uriah
fell on his knees in the wagon. Pat Randall
was standing on the ground in the public
road. Uriah said, ‘Walter, I am gone. Tell
my wife.” Uriah fell in the wagon imme-
diately after he was shot; he fell on his
knees in the wagon. Pat Randall walked up
the road with the gun. Uriah Harrell lived
about two hours after he was shot. * * *
Uriah did not say anything to this defend-
ant. He made no reply to Randall when he
asked him if he had not always treated him
right. I was seated on the front seat of the
wagon, and Uriah Harrell was seated on the
back seat of the wagon. When I stopped the
mules Uriah was in the wagon, and the gun
fired. Only one shot was fired. I knew of
no previous trouble between Uriah Harrell
and Pat Randall. Uriah had not talked to
me about any trouble.’ Two other eyewit-
nesses were introduced. Ben Mitchell and
Tom Sammons. It is unnecessary to quote
from their testimony. They were cross-ex-
amined at length. Their testimony in every
material particular corroborated the evidence
of Williams, and all showed that the homicide
was an unprovoked murder, If the defend-
ant’s statement introduced an issue as to
whether the crime involved voluntary man-
slaughter or not, there was no written request
to charge upon that subject, and, in the ab-
sence of such request, the court was not re-
quired to charge upon the law of voluntary
manslaughter.

[4] 4. The motion also contains an exception
to the following charge of the court: “One
will not be justified in killing another for a
provocation by words, threats, menaces, or
contemptuous gestures. 3efore any one
would be justified in killing another on ac-
count of threats, menaces, or gestures, it
would be necessary for it to appear that, by
some act or deed done or committed by the
party killed, in connection with such threats,
menaces, or gestures, he had the present pur-
pose of putting such threats, menaces, or
gestures into immediate execution.” The ex-
ception is as follows: “Movant insists said
charge was erroneous in this case, and that
it is not the law that none of these things
shall be suflicient to produce such a fear as

169 S.E.—74

will justify the killing. Movant insists that
whether the circumstances of the killing of
the deceased by the defendant were such as
to excite the fears of a reasonable man that
a felony was about to be committed on him,
and that it was necessary to kill the deceased
in order to prevent it, was a question to be
determined by the jury in the light of their
own judgment and experience, and movant
insists that it was error for the court to so
hold in effect that the circumstances of the
killing of deceased by defendant were not
sufficient; thus excluding them asa de-
fense unless they were accompanied by an
actual assault upon the person of the ac-
cused. Movant insists that it is not the law
that the deceased should have had the present
intention or purpose of putting such threats,
menaces, or gestures into immediate execu-
tion, and asserts that although the deceased
may have had no such intent to put his
threats into immediate execution, yet if the
defendant, acting under the fears of a rea-
sonable man that his life was in danger or
that a felony was about to be committed
upon him by the deceased, the killing would
be justifiable.” If the instruction here dealt
with stood alone, there might be merit in the
criticism. But the court charged, immediate-
ly before giving this instruction and in con-
nection therewith, as follaws: “The court
charges you further that while provocation
by words, threats, menaces, or contemptuous
gestures shall in no case be suflicient to re-
duce the grade of homicide below the grade
of murder, when the killing be done not be-
cause on or account of any fear in the mind
of the slayer, but solely fgr the purpose of
resenting the provocation given, it is never-
theless true that threats accompanied by men-
aces, though the latter dg not amount to
actual assault, may in some instances be suf-
ficient to arouse the fears of a reasonable
man that his life is in danger or that a fel-
ony is about to be perpetrated upon him.”
When these two portions of the charge, given
almost together, are read ys a whole, it is
manifest that the giving qf the instruction
excepted to does not constitute a valid ground
for a new trial.
Judgment affirmed.

All the Justices concur, except RUSSELL,
Cc. J., and ATKINSON, J., who dissent from
the ruling in the first division of the opinion.
They dissent also from the ruling in the
fourth division, upon the authority of the
eases of Cumming v, State, 99 Ga. 662, 27 S.
F. 177, and Clay y. State, 124 Ga. 795, 53
E. 179.

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ANN apa cet

ENTRY

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CHAPTER SIX

Scandals, Savages, and Tangled
Clerzcal Love Affazrs

eee. upheavals shook the colony in its early years, in
each of which some of the Ann’s passengers were concerned mildly
or disastrously. Most of the original settlers still living in Georgia
felt the effects in some way. Two of these events, occurring in
1734 and 1735, concerned a group of people who were trouble
makers in the colony.

The first event was the arrival of Irish transports (convicts to
be sold as indentured servants) late in December, 1733, or early
in 1734. The master of the vessel was refused permission to land
at Jamaica, and probably elsewhere, because the authorities
feared trouble from these convicts. When the sloop was forced
into Savannah through stress of weather and lack of food, with
only forty of the original lot surviving and they about to perish,
Oglethorpe saw a chance to obtain needed labor and said he
thought it an act of charity to buy the servants from the master.
He drew a bill on the Trustees for £200 sterling to pay for the
convicts’ indentures at £5 per head. He gave one servant to each
of the women widowed the previous summer, to help in cultivat-
ing food. Each magistrate might have one servant at cost to com-
pensate for the loss of time devoted to public service.* |

Oglethorpe said several months later, when explaining the large
bills he had drawn upon the Trustees, that the Irish transports
had grown very useful. This was far from being the opinion of
that shrewd observer, Samuel Eveleigh, when he went to Savan-
nah in the autumn of 1734. Causton had a great deal of business,
Eveleigh said, so much, in fact, that he was fatigued from
morning to night. The Irish transports, being constantly in trou-

Siecle oe

Ce a es

SCANDALS, SAVAGES, AND TANGLED CLERICAL LOVE AFFAIRS 77

ble and requiring punishment, gave him much disturb¥@e. It
was the general opinion, Eveleigh told Oglethorpe, that ‘‘buying

_ those convicts was the worst action you did whilst here, though

pegple said it was with a good design.””?

One trouble caused by an Irish transport concerned William
Wise. Wise, though in 1733 reduced to dire straits, was de-
scended from the ancient family of Sir Edward Wise of Syden-
ham and “besides my serving a Clarkship to ye Law, & always
delighting in Learning, was brought up in Farming, dressing &
planting of Land, & feeding Cattle, wch had been my chief busi-
ness.”’* The “‘unfortunate gentleman,” as Percival described Wise,
had brought letters from bishops to recommend him as a Georgia
colonist. Because of his poverty, Wise said he would go as a
charity colonist, which he said was considerably better than star-
vation.*

Wise embarked on the Savannah, Captain Lionel Wood, in
September, 1733. Scarcely had the voyage begun when a scandal
broke; the Trustees found that Wise had taken on board a female
described as a woman of the town, passing her off as his daughter.
He was reported to have occasioned great disturbances on the
ship—just how is not clear—sufficient for the Trustees to send or-
ders to ports where the Savannah might touch to have him set on
shore. These orders did not catch up with the Savannah, but at
the ports where she put in, stories came back to London of dis-
tractions among the passengers, which the Trustees blamed on
Wise. The Trustees were fearful that he might cause distrac-
tions in Georgia and ordered that he should be sent back to
England at their expense.> What happened to the woman Wise is
reported to have taken on the ship in England is not revealed.
In fact, she is mentioned only once, with no indication if she
remained on the ship and had anything to do with the disturb-
ances during the voyage which were attributed to Wise. It seems
doubtful that she came to Georgia and even more doubtful that
she remained if she did. She certainly was not punished like a
woman of similar reputation, Elizabeth Malpas, who came on the
James. Within ten days after arrival, she was given sixty lashes
at the cart’s tail and carried through Bull Street and back again.
The man, William Bully, who brought her over as his wife was
ordered to give security for his good behavior while in the colony.* —

Despite specific orders to do so from the Trustees, Oglethorpe
did not send Wise back to England. Instead he was allowed to

—_ a ee

HITE, Richard, hanged 1-20-1735.

RITEY, Alice,

hanged Savannah, Gae, 1-19-1735; ¥

—

Georgia Journeys

(i
‘\

Being an Account of the Lives of Georgia's
Original Settlers and Many Other Early
Settlers from the Founding of the Colony
in 1732 until the Institution of
Royal Government in 1754

By
SARAH B. GOBER TEMPLE

and
KENNETH COLEMAN

Published in Athens, Georgia, by
THE UNIVERSITY OF GEORGIA PRESS

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Wore

Mrs. MARK TEMPLE, nee SARAH BLACKWELL GOBER

Coss County pioneers were trail breakers imbued with love of the
land, and they early developed characteristics of leadership and ideals
on which later generations have built. Mrs. Temple shared this fine
inheritance. A special legacy from her talented father was her zeal for
learning and for accurate research. Through the pages of this work
shines her love of Georgia, and on every page is evidence of her
monumental research. Her pen was stilled before the manuscript took
final form. As a long-time personal friend of Mrs. Temple, I feel that
this publication serves as an appropriate and useful memorial.

B. C. YATES

Kennesaw Mountain Battlefield Park
Marietta, Georgia

Library of Congress Catalog Card Number: 61-18514

Printed in the United States of America by
Foote & Davies, Inc., Atlanta

Contents

Preface

Introduction

Maps of Georgia Area

Atlantic Crossing

Birth Pains of a Colony

Other Worthy Poor

Impregnable Bastion and Rock of Help
The “Unfortunate Poor” As Rulers

Scandals, Savages, and Tangled Clerical
Love Affairs

Expenses, Extravagance, and Official Removals

Botanists, Trustees’ Garden, and Gardeners
Thomas Christie, Recorder

“Rejoicing Days” and Trade

22 - Grorata Hrsrortcan, QUARTERLY

. Georgia Trustees had been induced to send over, but before he

reached Savannah his career on the ship bringing him over was
so immoral that the Trustees ordered him to be returned, but
without -success. He settled on Hutchinson Island, in the river
opposite Savannah, and soon becoming incapacitated, he was
allowed two Irish servants. Alice Riley and Richard White. Wise
had long haie and enjoyed having White comb. it, often re-
clining in bed and leaning his head over the rail for the operation.

One morning in combing Wise’s hair, White gave the handker-

chief around his victim’s neck a twist to choke him, when. at
the same time the Riley girl brought in a bucket of water for
bathing his face and suddenly plunged his head down into the

water and drowned. him, -already half-choked. Both were tried .
.for murder and. sentenced to hang, but as Riley was pregnant

by White, her execution was put off until her child was born.
On January 19, 1735, Alice Riley was hanged, and on the
following day Richard White followed her on the saine scaffold.
Both declared their innocence.'

To search out, record, and oe all the hangings. that took
place i in Georgia would be an endless task, and could result only
in a compilation of a dictionary or encyclopedia of Georgia

_harigings. Only ° ‘samplings from now on to the end of this

method of capital punishment will be given here. As will appear,
the heyday of hangings in Georgia came after the Civil War.
But two other colonial hangings will be noted, which ‘took place
at Savannah in 1739. Bixby (Bryxy, Bixie) was master of a sloop
anchored in Savannah harbor, and with him on ‘board were
Cozens, Levett, and the victim, whose body was found washed
ashore. Indications were that he had been murdered on_ the
sloop and thrown overboard. The three living men were ‘con-
victed of murder and sentenced to be hanged on a. gallows to
be constructed on the bluff above the river where the crime
had been committed: Bixby “went up the Ladder more nimbly
than the Hangman, and fastened the Rope to the beam himself.”
Both Bixby dnd Cozens denied their guilt. When Levett, whe
had strenuotsly denied that he ese had any part in the murder,

reached the fc
reprieved for s
he ceased to |:
thorpe, as the

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8 DADENEIGHBOR Wednesday, January 6, 1982

COURTHOUSE

i Continued from page i
He had with him two young men which he

had raised — James Leymance and John
Cuzzort.’” :

Nethery wrote about the 2-story building
on the northeast corner in several places.in
his memoirs..He wrotez

‘‘Now as we-enter the public square, on
the northwest corner is a small one-room
log cabin (this was in the 1870s) witha
plank lean-to.on the.backside. On the
northeast corner was, andis yet, the store
of T.H.P: Cole; deceased. Before Mr. Cole,
I was told, a Mr. Blanchard sold good there.

*‘While Mr. Cole was there; a man by”
name-ot Cox made-harness inthe second
story. Later T.A. Havron edited and print-
ed the Dade County paper there.

Afterward the-second floor-was converted
into'a dance hall and skating rink. [twas:.
finally bought bythe Oddfellows.”

in another passage; he wrote about this -
‘*2 story business building”’ thusly= ‘“L was
told this structure was built by a Mr: Mann,
and the first occupant to seil merchandise=_
from it was Mr. Blanchard. This buiiding
must have been erected before the Civil
War. My first memory (1883), Mr. T.H. Bz
Cole conducted a general merchandise in it
and continued-until his:death.”’ ~

Nethery also referred to a building that
housed an ‘“‘Academy over which is the
Masonic Hall.’’ It isn’t clear where this
building was, or is, located, but his addi-
tional comments about the Masons is inter-

esting:

‘I believe my father became a member of
the craft of mysteries. Also his brother,
John Smith Nethery- I was told that John
Nethery was the first member of the
Masonic Order to be buried with Masonic
Rites in Dade County, being interred at
Baptist Cemetery at Trenton.

“*Being the first Mason buried, it at-
tracted people from ail parts of the country,
as weil as the few members of the order at
that time. He also had a countywide ac-
quaintance, having taught school and also
served as County Clerk in the term of
County Clerk Nathan Cole, whose health
prevented him from serving. He record as

THE FEDERAL ARMY burned the Dade.

County Courthouse when they entered

Trenton, Nethery wrote. This. courthouse
was built in 1869 to replace it. A man

clerk was said by Shady Hale, whoserved .
as clerk in years later (36 years)-to be the
neatest, best kept of any. Nethery- served
as clerk about latter 60s or early 70s.”’

Moving to more recent times, one of
those who had a business.in the former Cole
building was Robert ‘‘Bob’’ Hadden, who
opened up a drug store in it in the late
1950s. Hadden’s became a favorite:
hangout for the young people, and it would
fill up every afternoon when Dade County
High School jet out.

Hadden teft Trenton and opened a drug

Tl remember when th
buiiding was threatened by fire. The oid
2-story house that was just behind it caught -
fire in 1952. People ran imto the house and.
helped carry the furnishings out, butthere
was no fire department so there was uo.

- named

Mack Young supervised the making |
and laying of the brick.

Photo by Roger Bouldin

store at Henager, his wife’s homeplace, in
the 1960s. As the only drug store at that
time along Hwy. 75 between Trenton and
Rainsville, his business was quite-
successful. He became a community leader
and was elected mayor of Henagar.
Hadden died of a heart attack three years

is historic old

hope of saving it. But the heat from this
fire was so intense that the occupants ©:
oid Cole building began evacuating.

Iremember how Tommy Sims and
Woodrow Tinker continued to cut hair in
their barber shop long after they were to
that their building was about to catch fire
Finally they gave in and iet some of us siz
carrying supplies out-onto the square. J
Geddie was having his haircut at the tim
and he waiked around with the barber’.
cloth.around his shoulders, compiainin:
that he didn’t want to have to go aroun:
with “half a haircut.’’

By BROWNY STEPHENS

(This is another in a series of articles based
on history of Trenton and Dade County, as
written down by the late Frank Nethery in
the 1950s. He attempted to recall how
Trenton was in the 1870s and 1880s. Frank
Nethery, son of Mroand Mrs= William FP.
Nethery, was born im Trentomin: 1872 and
had akeen mind and a sharp memory for
dates and names.even imhis 80s.) -

$e ee ae
Carrier Route Pre-sort:
Third Class Mail

Permit Namber 15
Trenton, Georgia30752

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:
i

The-sageos John Rutherford

Did he escape grave

after being hanged

Has a master escape artist, who madea
policy of escaping from jail, ever managed
to escape his grave after being hanged?

That sounds like a plot out of a midnight
movie, or an Alfred. Hitchcock drama.

But that was the story that was told about
a man who was legally hanged in Trenton in
the last century.

In the Dec. 30; 1981 issue, I reported on
what the late Frank Nethery had written
about hangings and lynchings. Nethery
wrote how a Negro, John Rutherford, was
the last man legally hanged in Dade County
after he led an escape at the Cole City
penitentiary in which one was killed and
others were wounded. At the time i

- reported’on this part of Nethery’s memoirs, ;

EL thought Nethery was through with the.

_. subject of Rutherford when he reported that

he-was “‘recaptured, tried and sentenced to
hang’’.

But I have found some more of Frank
Nethery’s writings since then, and found
out that he had more to say about this.
remarkable (in some ways) man Ruther-
ford. The account is hard to believe, and the
ending seems to leave the reader
‘“*hanging”’ in midair without an adequate
explanation or a basis for the story. But
this was apparently the story that was
accepted by many people in Dade County
about 90 or so years ago, or else Nethery
wouid not have repeated it.

Here is what Nethery wrote on what he
labeled as a ‘Prefix to John Ruthertord
Hanging.’’

‘Rutherford was a copper-colored
Negro, considered a very infelligent Negro,
one with.an inquiring eye and a judge of the
personnel surrounding him, white and
black. John used his inteiligence for that
w hich was bad, but he was deceptive.

“In early iife he began te disregaru moral
‘jaw and, of course, soon disregarded the
law of the state, and he soon was behind the

in- Trenton ?

bars of the jail.

“But John always conceived a plan of
escape and soon was out, only to be again
captured with other charges placed against
him. But he would not remain in jails, and
alwavs found a means of escape.

‘*Finally he was behind the strong”
walls of the penitentiary (at Cole City, in
the canyon cutting south into Sand Moun-

.- tain from Tennessee). He began planning

his escape.. He contided his pian to a seiect
few inmates of prison. Theday, the hour
and minute arrived and he and his pais

made the break.

“*They rushed the gun house which ad-
joined the office of the warden, secured
guns and pistols and began shooting,
killing and. wounding guards and officers.
Johnmwas recaptured, tried for murder,
convicted and sentenced to hang..

**With Rutherford’s record for escapes,
he was shackled and locked to the wail of
the jail. The ceil door being locked, he was

‘also well guarded. The time arrived for his

execution and John had one time failed to
escape. But an escape had been planned
after the gallows.

‘When the accompanying doctor had pro-
nounced John Rutherford as dead, dead,
dead, he was placed on a conveyance and
taken to the north side of the Baptist
cemetery where other colored peopie were
buried and his grave had previously been
prepared and was welcoming him, and
think — here the walls and earth above

_ would bind J ohn forever.

*“*No. John would escape the grave. And

‘did. On the day following the burial,

someone passing through the graveyard
noticed that John’s grave was partially
open and John had escaped.

**& day or two later, maybe longer. it was
learned that John had headed for Tennes-
see, but getting a late start, daylight

Beer, wine saies
yield $16,975.95

BEER AND WINE sales in Dade Counc
which began in September, brought in :
revenues to the county of $16,975.95,
Commissioner Larry Moore has announc:
He said revenue from beer and wine saie:
and licenses brought in $18,401.80, and’
expenses to the county were:$1.425.85.

Wé W
Furniture
Company

Highway 71
Flat Rock, Alabam<

Television service cer
for Zenith & BC

We aiso seil
Zenith Televisions

Phone 622-2824

,
|

DADENEFIGHEOR Wednesday; January 13, 1982

a ee

+. .... FROZEN POND along Hwy. 75 near Cartersville on
a » Sand Mountain shows a rough texture.

Comments, additions
to accounts invited

: one. Séwe wantto make this
“2 ANSE NETURRY wae 3 ssarrone. Sowe wantto make

eetsles Sea o8 pric: onbimos- née TES

hoto by Roger Bouldin

WILLIAM E. “EDDY”’ GIFFORD has been
elected to the Dade County Board of Ed-
ucation to complete the unexpired term of
Ann Ridge, who resigned. An employee of.
Dade County Sentinei, Gifford will repre-
semt the Trenton area.

EE RO Foe ce ee ee a ORS ee

Day after buriai,
John had lett

Continued from page'i

overtook him near Morganville and he-hid
in adeep ditch off the road a ways, and
covered with cedar limbs that a farmer had
thrown in to block the wash. There John
reposed ail day and when the curtains of
night were drawn, John resumed his jour-
ney toward Chattanooga.

““His time of arrivai there we never

- learned as ail hote! registers‘examined did
not show. By now we were satisfied that
Join would nevertroubie man.

“There was.a medical college in Chatta-
nooga at that time and he might have
registered there: It is possible that some
student of that date is now fiving and couid
give information in regard to John.”’

Nethery did not expiain why there was a
feeling that Rutherford might have regis-
tered ata medical college, or how he might
have done so. Also there is no mention of

_ how he might have survived the hanging.

But scribbed in the margin of Nethery’s

copy, opposite his last paragraph about

. “*some student of that date’’ might having
some information, was: ‘‘Consuit S.A.
Fowler, Cowart St.’’ Since it has been
nearly 30 years since Nethery wrote this,
we may. assume that the S.A. Fowler is
dead now.

We wonder if anyonelse in Dade
County has ever heard this story about John
Rutherford?

ROBERT F. McCLURE resigned as county
attorney of Dade County Dec. 31, 1981 to
devote more time to his private practice.
Commissioner Larry Moore has retained
the firm of Farrar and Farrar of Sum-
merville as iegai counsei.

Affirmed, Memo, Dece, 61 SE 720 _
RYALS, Neal, black, hanged at Baxley, Georgia, on Sept. ll, 1908

"Baxley, Gas, Sept. 10, 1908-Neal Ryals, the negro assailant of Mrs, Lizzie Overstreet,
will pay the death penalty in Baxley tomorrow. Every GMa#MUEXH preparation has been
made for his execution, and Sheriff Branch and his deputies.will go to Macon today

and will return tomorrow morning with Ryals, Ryals was tried and convicted last March,
but his execution has been delayed from time to time on account of a motion for a new
trial, which was decided against him by. the supreme court, and then by an appearance
before the prison commission, and finally before the governor, He has had several
respites in order. that all of his claims could be considered, .His attorneys were con-=
fident of a veversal of the sentence by the supreme court purely on the ground of in-
sufficiency of testimony, but all efforts to save his neck have failed, and there is
nothing left but a few hours. before he has been executed, Although the history of,
this case hasbeen given to the public it will be of interest to many to hear it

again, On a certain Monday morning last September, a negro named Manzey Brown went to
the home of Mr, Marvin Overstreet near Surrency, and by his conduct insulted and fri-
ghtened Mrs, Yverstreet. iS DOr aS

"She reported the matter and Manzey Brown was sought by a mob and would have been
lynched but for the fact that he made sure of his escape. On Friday afterward, Mrs.
Ocerstreet was alone on her front porch, when, a negro whom she supposed to be Brown,
suddenly rushed upon her Brom behind, and as she attempted to look around, he threw
sand in her eyes, X#@ preventing her from seeing him, and otherwise brutally assahlte
ing her, leaving her in an unconscious condition, When he threw the sand in her eyes
he said: 'I told you I would get you if you told on me,' or words to that effect. —

She naturally thought from his language that the negro was. Brown, whom she had re-
ported on Monday before. Hence she told that it was Brown who assaulted her, and on that
report the governor was asked to offer a reward for the capture of Manzey Brown, and
the request was granted. One or two days after the assault it was learned that Manzey
Brown was about twenty miles away at the time of the assault, and immediately the
crime was charged to Neal Ryals.

"Ryals was accusted to chip boxes near the home of Mr, Overstreet, He was seen on the
morning of the crime at an early hour goihg toward the Overstreet home, sooner than

he was accustomed to go to his work, His whereabouts could hot be accounted for at
the hour of the horrible crime, He came in to the '@uarters' before noon, and when

he was told of the crime, he dropped his head and made no comment. He told contra-
dictory stories about where he was, 4H none of which could he corroborated, Manzey
Brown testified that ong the Monday morning before the crime was committed on Friday,
Ryals was back of Mr, Overstreet's fence, and made certain statements to him that
amounted to a threat to commit the crime for which he is to die gtomorrowe

"In addition to the testimony and other smaller circumstances which all point to

the guilt of Ryals, there are no circumstances which point to his innocence. The

jury trying his case did not easily agree and were out all night in their delibera-=
tions. +t is said that they all stood for conviction, but that on account of some
doubt in the minds of some of the jurors, they wanted to recommend him to mercy.

There has been at least one attempt to lynch Ryals, but Sheriff Branch sent him away
to Macon, where he now is, and it is evident that the vigilance of the sheriff is all
that saved him from the mob, Ryals strenuously asserts his innocence, and shile some
think he will confesson the scaffold, it is generally believed that he will die pro-
claiming his innocence, Some criticism has been indulged in by some citizens both

of Ryals's attorney, and even the governor, for prolonging Ryals' life, but the

people will generally be satisfied when he is executed, Boise Apeles escaped the mob
about ten years ago and was legally executed for a similar crime for which Ryals is

to die. (Will Ables, hanged at Baxley on June 30, 1899), This is the fourth negro

to be executed in Appling in the rast ten years without a single lynching," JOURNAL,
Atlanta, Georgia, Septembe® 10}~1911 (1/2e)

"Baxley, Gae, Septe 11 - Neal Ryals, the negro assailant of Mrs. Lizzie Overstreet,
was executed this morning at 11:35 o'clock, Deputies D. J, Branch, Dave Branch, and
J, H. Brigham brought the negro from Macon this morning, arriving at 7 ot,lock, From
that hour until the execution, Ryals was in consultation with a minister, f4),ing part

Duming the morning hours large crowds of citizens constantly

in a religious service.

poured into town to witness as much of the. execution as possible, lhe crowd. of people
was orderly amd nothing unusual happened, At 11 o'clock the death sentence was read
to f€yals by Sheriff Branch and he was immediately conducted to the scaffold,. Just be-
ford execution Ryals was permitted to make.a statement to the crowd, He talked in a
clear voice and steady nerve, He gave in detail where he was on the morning of the
crime, He said he had always feared the law.,and had never had a case in court before
in his life, being 2 years old, He proclaimed his innocence to the last. He praised
the sheriff and others for their kindness to him, and asked God to hold no charges,
against them. He warned his colored friends. “e said they, didn't have to do any-
thing to get into trouble, .He said it was a matter of lot or accident, When asked if
he Knew who committed the crime, he said he did not know, Rev, John Morris, his
spiritual adviser, thanked the people of Baxley for allowing the law to take its
course The prisoner then offered a long and fervent prayer, and then began singing
as the final preparation was made for his execution, and continued to sing up to the
last. “e stopped singing long enough to bid everybody Roodbye. He dropped at 11235
and was pronounced dead in 16 minutes, Sheriff Branch is being congratualted on the
orderly manner of the executioneeses , ‘
"Macon, (ae, Sept. ll = At theearly hour of 3 o'clock this morning, Neal Fyals a ne-
gro," was carried from the Bibb county jail and taken to Baxley, Ga., where hé is to be
hanged boday between the noon hour and 2 p,m. this will be done unless Governor Smith
again stays the execution or unless the wrath of a mob is wheaked upon the man, Ryals
has been taking his pesition very quietly, but has maintained his innocence, He was
to have been taken to Raxley two weeks ago and a crowd awaited the arrival of the
train, ‘As it was, a respite arrived just before he was to have been taken away from
Macon," JOURNAL, Atlanta, Ga., Sept. 11, 1908 (1/3.)

NIHGRSESEUEOSSROORZaGRNee

ic]
ua

PguHnGRBEB Ce sage

POS ig Pe ER 20

ce mat
Sate Oe cements wh Sova:

Sensation Flour -— The
Old Reliable
24 Ibs. Plain ......... $1.18

iSwansdown SR Flour—

24 Ib. bag

(Good Flour).
(Happy Home SR F ‘our
4 Ibs. 95e; 48 Ibs. $1.85
fee

Ee ots 15
Clark’s Pond Meal—
Peck oe 35¢
Best Lard |
Quaker Oats
Monarch Oats
C. & S. Coffee, cans:. 3
Jonnson’s Special
Cofiee
Blue Ridge Coifee,.
Morning Bracer

L\rbueckie’s ‘Vacuum
Pack Coffee

: £2 :
‘Royal Scarlet Coffee 29¢

Neo. oY eans Argo
Peaches ..............--

s Are

“Peaehe es

“ans Brains.... 5e

pie 1 cans Tall
\. Berane ac 10¢
Quarts Salad

‘Dressing® ....2........... 25¢

Coffee... Zle
Sappho Coffee .......... 2aC
Seven Day Coffee 2l¢
E Bliss Cohea: :

¢ 2340n +e

=f e the drainage.

a
woes

si svov

McDufhe Gounty 4veties
cooperating with the Georgia
‘ef Association, will have charge

Work has already
«n started on the drainage system,
§ will not only include sections in

The
nee

-an that need draining, but will be

gt.

‘ended to these places needing it

staide the city limits.
k. F.. Riley, county health offi-

Or.

-er ig head of the proposition and

wee

tall for signing up -

Owners.

h
Ms,
OQ zk
oN
+

ists that thé committees get busy
respective commissions.

AG
th th heir

the
Very little can be done until

germission 1s secured to run ditches

*-sm or through: the

property of

ts a@ in the drainage area.

earnest effort to rid the

<q wholeheartedly in

“ose who would like to make an
town of
--auitoes are earnestly asked to
the move-

»<toing hand, but will be impossible

he peat. qt can be done if all lend a
SS, é

aea snly a few fail to comply. |.

Expect Hearing In
Murder Case | ee

Viesars. Lynn J. Norris, J. C. Dunn,

J. Stevens and Solicitor Cecil

'4s:e of Warrenton, left Thursday
srevtagrn x for Atlanta

to attend a
re betoke Governor Talmadge of
» case of John Wright and Rack

Eevee, Who were convicted _ of the

venéer of Mr, Jim” Stone. “The “ne-

ges were given a respite and their
‘ace was to be reviewed by the Gov-

®
+

svrer in an appeal for a retrial.

It
» expected his decision will be given

sce time today (Thursday).

Approved Projects In
McDuffie

‘Atianta, Ga., Feb. 11—The Georgia

Vssergency Relief Administration ap-
paved a project for McDuffie county

ere today providing ‘for road im-

¢covements in the county, the work
« atford 27 jobs for persons on relief

tiewe

‘fe project which provides’ for

SCORING, widening, and straightening
* tight-of-way and top-soiling a
- riion of the Dearing-Wrens road

the,

7 the 38rd district, is in line with the
sministration’s. state-wide road im-

‘fovement program.

The county will
yperate by furnishing the material

o£ the work.

Ge}

Mrs. MeGahee Passes
Friday

Mrs. Susie Matilda Newsome Me-

“hee, died at her home on Sycamore
February 8th,

reet Friday, at the |

age of seventy-nine - years.

She was a member of Iron Hill

Lurch and lavwad hariaWndt af friande

‘| present.

Cee es eae eS ee ae ea ne ee

made by Ruth Byrd. The. average
score of Thomson was 121 which was
considerably above the average for
the state. ‘

The above shows something of the
fine type of work being -done in the
Thomson High School.

The Thomson High girls defeated
the Stapleton girls’ basketball team
last Friday evening to a score of 29
to.2 while the Stapleton boys won

hlanks can be secured at the city} their game, the score being 34 to 14.
property iThe boys’ team from Stapleton is the

best basketball team Thomson has
played this year and one of the best
Thomson fans say they have ever
seen.

Last Tuesday evening Waynesboro
invade the rank of the Thomson bas-
ketball teams. ‘Their girls and boys
were far outclassed and lost both
games. .The scores were _ girls:
Waynesboro 6; Thomson 27; Boys:
Waynesboro 3; Thomson 27. :

Our boys and girls play. Union
Point, tonight on the’ latter’s court.

10th District Dental -
Society Holds Meeting

The 10th District ‘Dental Society

held a meeting in Thomson Wednes-
day night.
. .Business session was held at. ihe
office of Dr. ‘Howard Neal at 6:30
p. m., after which they. went to the
home of Dr. Neal to enjoy a bird
supper prepared by Mrs. Neal. Af-
ter supper a program of two hours
was held in which different phases of
dentistry was discussed.

All members of the district were
Dr’s. Regnald . Maxwell,
Varn Maxwell, R. L. Henry, Sr., R.
L. Henry, Jr., R.-S. Plaxco, George
Woodbury, R. E. Anderson, R. H.
Calhoun, Sam Fennell, Fred Marchalk
C.:E. Blandenburg, H. H. Corley, W.
E. Clarke, F. K. Rabb, Augusta; C.
Garner, Waynesboro, Ga.; D. Stone,
Sandersville, Ga.; Dr. Howard. Neal,
Thomson, Ga. Visitors Dr. Louise
Ray, A. W. Ray and John Jackson,
Atlanta, Ga.

Miss Lillie Bailey Passes

Miss Lillie Bailey passed away at
her home on Cleveland Street’ Tues-
day morning, February 12th, after
an illness of two months. She was
seventy-five years of age and had
been a resident of Thomson for many
years. She was a member of the
Methodist church.

“Miss Lillie” loved her friends and
they were attentive to her and sym-
-pathized, with her in her loneliness
and in her affliction of deafness.
-Funeral services were held in the

whisial UPA wac after-

aero Tk sadawv

°
°
Ri

Of cor
of frienc
Eleanor
Richards
S. C., §S
10th. T
at the 3
Rev. Ad
presence

The b
in navy
Mrs. ‘Ric
of Mr. 2
is a m
young Ww

Mr. R
Mrs. Ar
ville, an
in Thon
years W
friends.
Parlor 4

Mr. a
apartme
Jackson

MRS. G

A love
bridge j
Gibson*
her attr:
Tuesday

In kee
son, the
was car
Red itd
man hy.
ful arra

Mrs.
score a
heart s}
Gibson
by her }
young ©
Fannie

After
salad ex
cream a
tine mv
of plays

casion.

ZONE
The
meeting
Methodi:

ary 21s

MceDUFFIE

A Good County In

Which to Live

THIRTY-FIVE,

a0 reer, ress SR eye: Se ares TEREST

ALENOY Is
fhe RINGA fh

(ED MAYOR

veliest election held in a
the voters of Thomson
. Monday of this week to
Xr and council of the city.
two candidates in the
‘yor, and eight for coun-
> polls opened at 8 o’clock
ng and closed at 4 in the

is the official ballot as
votes were distributed
arious candidates:

For Mayor .

I ne So 238
SP, ec 195
r Councilmen

BS eee 231
wore ene 164
ae 304
MOP ee 13
ee 300
azenby __oo 65
‘shay Eee 198
eat 254
Seen by the above fig-

OX Was elected mayor
of 43 votes, In the
c indicated above,

‘Ing the highest
eS Were elected. They

ross, Hall, Hawes and
Yre -new men on the
fr, Hawes,

‘yor, Mr. Wyck Knox,
¢ Of ability ang anxious

k for his Native eit.

Eas ¥
PLAN, sa0:
UID iP
Uy ay u

‘
7 BY

9
Hy

oat Fa" alae
a bi ” t-3 ro
Siete a ial PP iP Y i
: y i ‘2 "4 BS 4 f j | } r

HOMSON, McDUFFIE CouNTy, GA., THURSDAY, DEc. 6, 1934,

TWO NEGROES GET

McDuffie Superior Court convened
Monday morning at ten o’clock in
; ¢xtra session, principally to try the
two negroes, Rack Reese and John
Wright, charged with the murder of
Mr. Jim Black Stone. _ 23

The two negroes were indicted and
their trials came up, with the result
that both were found guilty and sén-
tenced to die in ‘the electric chair at
Milledgeville, January 4th.

Other cases were tried at this term
but The Progress was unable to get
them for this issue and they will be
given next week.

Wm. H. Lauff Killed In}

Chicago

Mr. David McNeill, of the firm of
McNeill, Lauff & MeNeill, of Thom.
son, received a telegram from Chica-
£0 Tuesday night containing informa-
tion that Mr. Wm. H. Lauff had been
killed in an automobile accident. The
telegram stated that the body of Mr.
Lauff was found at a busy traffic
intersection about eight miles. from
the center of Chicago, and that an
inquest would be held Wednesday
morning, No detailed information,
however, could be obtained at the
time. Mr. -MeNeill was preparing

Wednesday morning to depart for
OW es

ere

UP the

Slee ry

Py ey

—_—.

VW Sees at

: A Se
a
= oe
— — NN ae as

- —

9 FN
Lh
Gd ils

| by Lawrence Hauthome

Life is pretty much a struggle up the hill,

' And at’ times
Difficulties block

the going seems extremely slow,
the path ahead until

_ We don’t know just what to do or where to go,

Yes, the way is often hard, but this js true: '

But we seldom are compelled to climb alone;
There are cheerful hearts and friendly hands that will
- Help us meet our problems as they meet their own.
So men learn cooperation! So they find

That their greatest Satisfaction comes when they
Render service that js fenerous and kind—

eee

MLL
Sa a: |

Judicial Circuit.
SoLicitor "General..

The Stete ) No. 147-D .

MeDuffie Superior Court
vs : Murder. December tern, 19384.

L. J. Norris, Prosecuta@.
Rack Reese, alias Russey )

The defednant, Keck Reese, alias Pussey, waives copy of indictment end list of wit-
nesses; elso waives being formally arrigned end vleads NOT guilty.
This December 4th, 1934.

7, Cecil Davis B. J. Stevens
Solicitor Umeral. J. Q.

Defts. Attys.

Trial proceeded before the following jury duly enpennelled:

1. 7”. L. Adems 5. Josh Nuff 9. Martin S. ““cCGahee
oo FT. Te Sewame 6. F. %. Bross 10. A. A. Smith

3. 4. ?. Heneock 7, Mo ¥. Brovn ll. L. 2. ‘Yhiteker

4, 7. L. Aldred 8. A. L. Gay Pe tac e, MLISEs

VERDICT OF THE JURY

We, the jury, find the defendent, Reck Reese, alias Bussey, Guilty.

This 4th dey of December, 1934. Milton ¥. Brown, Foreman.
SRITENCE.
TEORGTA-"‘'cDuf fie County.
Stete of Georgie ) In the Suverior Court of seid Vounty.
vs | | : Decenber term, 1934. Indictment for
Beck Peese, elias i. murder. verdict of guilty:

HUREMPON, it is adjudged by the Court thet the defendant, Reck Reese, elies Bussey,
be remended to the comnon isil of MeDuffie County, Georgis, or at such other jeil as the Sher}
of this County may think proper end best under the circumstences, there to be safely kent un-

til by the proper euthorities, eccording to lew, to the Penitentiary at Villedeeville, Ceorgia,

to be turned over by the said Sheriff to the ore aithorities at said Tenitentiarv, eccord
ing to lew, and there on the “ourth day of Tanuery, 1935, between thehours of ten o'clock in
the morning and four o'clock in the efternoon, te put to death by electrocution, and may God
heve mercy on his soul.

It is further order that the Clerk of this Court send a certified cony of this sen-
tence to the Suverintendent of said Penitentiary not less thm ten days prior to the time fixe
in this sentence for the execution of the seme.

Tudgenent signed end filed this the 4th day d Decanber, 1934.

C. J. Perrymen, Judge,

Sunerior Court, Toombs Judiciel
J. Cecil Devis Circuit.
Solicitor vbeneral.

ivan Ar Wad ; 5
“eDuffie Superior Court
vs og Nie eye : December term, 1904.

L. 7. Norris, Prosecutor.
Tol “rieht )
John Henry «rig

; ‘the defednant, John Henry ‘right, waives copy of indictment, sveciel presentnent
ind list of witnesses; also weives be ing fomelly arrigned and pleads NOT guilty.

Decenber 3rd, 1934. | 1, Cecil Davis, Sol. - (enerel.
Dunbar, Nicholson end Barrett
Defts. Attys. |

sain

‘piel proceeded before the folloving jury duly enpennélled:

. 2, Lee Moore ; . 5 7. C. Martin 9. S. W. McCorkle

} 6

2.°S. A. Mobley 6. i. T. Broom 10. cheridien Morros
a. '. N. Dunn 7. no. #, Simons ll. F. A. “Montgomery
4, A, P. Beggett 8. Juddie ‘ede 12. 7. C. Doster.

| ) ° VERDICT OF THE JURY.
We, the jury find the defendent, John Henry Wright, guilty.
This 4th day of December,” 1934. . a R, Le Moore, Foreman.

SENETIN CE
GRORCI A-“‘cDuf fie County. | |
State of Georgia. a aw the Suverior Court of said County.
. December term, 1934. Indictment for | oe
vs 8 | murger. Verdict of guilty. ~ ; me ge ae [|

Tohn Henry Wright )

“HEPRUPON, it is adjudged by the Court that the defendant, John Henry Wright, be re- |
mended to the common jail of “oDuffie County, Georgia, or at such other jail as the Sheriff |
of this County mey proper and best under the circumstences, there to be safely kept until teken
by the proper euthorities, according to law, to the Penitentiary et Milledgeville, Ceorgie,
to be truend over by the said Sheriff to the prover euthorities et said Penitentiary eccor-
ding to lew, end ther on the Fourth dey of January, 1935. between the hours of ten o'clock
in the moringiend four o'clock in the afternoon, te put to death by electrocution, end may

God have mercy on your soyl.
( Continued on next page

( The State vs John Henry Wright; Sentence )

It is further ordered that the Clerk of this Court send a certified copy of this sen-
tence to the Superintendent of said Penitentiery not less than ten days prior to he time ping
in this sentence for the execution of the seme.

Tudgement signed and filed this the 4th day of Decenber, 1934.

G63. Perrymen:
Judge Suverior Court, Toombs
T, Cecil Davis, ~ Judicial Circuit.
Solicitor General.

The Stete ) No. 147-D

MeDuffie Suverior Court
vs : Murder. December tern, 1934.

7 ; L. 7. Norris, Prosecuta@.
Rack Reese, elias Vussey )

The defednant, Keck Reese, alias Pussey, waives copy of indictment and list of wit-

nesses; elso waives being formally errigned end vleads NOT guilty.

This December 4th, 1934.

1, Cecil Davis B. J. Stevens
Colicitor Umeral. J. Q. “est
Nefts. Attys.

eee reve turer er ere rete eee S

aa Ot ad oe Odi ds ba besa E es

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TEST

STS

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-y

3 y SERN REPORTER
174 Ga. 195 SOUTH EASTER

and he is “lacking in judgment”; and that went to the swamp, and they could not find
while “I don’t think that every man who him anywhere until, after watching his
rapes a woman should be considered in- house and searching branches and. swamps,
competent and excused,” and “wouldn’t be they caught him with a posse fifteen days
crazy * * * if he raped a child, he is later. The motion for new trial is limited to
a pervert,” and “I think that every man the general grounds. No question except as
who rapes a child is insane at the time.” to insanity is argued in the briefs.

Dr. Davis, in answer to hypothetical ques- W. A. Dampier, of Dublin, for plaintiff
tions, testificd that a person who committed te pbreie:

what was alleged to have been done by the John §. Gibson, Sol. Gen., of Douglas,
defendant “would be called a sexual pervert, A‘B. Spence, of Waycross, M. J. Yeomans,
a very degraded sort”; that such a person ‘4117 Goan Ellis G. Arnall, Asst. Atty. Gen.,

“may under ordinary, normal conditions cod FJ. Clowat, of Adiatita: ir Schad
have sufficient mentality to distinguish be- f ,

F ant in error.
tween right and wrong, but when seized
with the intense abnormal, sexual desire, he Syllabus Opinion by the Court.
would entirely lack the necessary mentality
to control or resist such desires”; that JENKINS, Justice.

about two months before the offense he [1] 1. On the defense of snsniiit at the
treated the defendant a6 : yates for whet time of-the criminal act, there being a pre-
seemed to have. been epididymis, paren sumption of sanity, the burden is upon the
mation of the cords that run ne the sl accused to show by a preponderance of evi-
ticle, caused from venereal sinfectios or dencé, but fiot beyond. a. ceasonable doubt,
iooryes, OF tes see ——— Prseah: notice that at such time he was mentally irrespon-
that he was crazy then,’ and didn't mones sible, under the tests recognized in this
anything wrong with his mind at that time, ciate Carter Hi east, 56. Ga, 463, 4672
but he could have been normal at that Mo- -Anams y, State, 123 Ga. 500, 51 S.E. 506,
ment, and then not in an hour's time, .24 cit.; Polk v. State, 148°Ga. 34, 35 (5),
* * * a man would be a pervert if he 39 95 $r ogg; Currie v. State, 153 Ga.
did the things genes Be * * lg oe 178 (2), 180, 111 S.E. 727.
r *- * e has almost go “eee :
Sou dest form of neurosis before he is [2-5] 2. The test of oe 9g rood
a sexual pervert—not necessarily insane, bility in this state is that ‘if a man has =
but temporarily insane”; that a man “is son sufficient to distinguish bene rig
not sane then if he is under this particular and wrong in relation to a particu “4 ac
obsession—in other words, the obsession to about to be committed, he is baer y re-
go out and rape a little girl—he is not sane sponsible ; and there has rac “ies =
then”; that “my theory is the fact that a recognized exception, whic is tha ey ;
man who was normal wouldn’t commit that though) a man has reason aacient te is
kind of crime; the enormity of the crime is tinguish between right and wrong Bin
why I say that”; and “I think the defend- yet [if] in consequence of yr e =
ant was temporarily insane whenever he the will is overmastered and t ty is =
committed that crime, if he did it.” A criminal intent, he is not responsi o ae
deputy sheriff testified that the defendant vided that the act itself is eaaered hen
told him that on the day of the crime the the peculiar delusion under w . ae
defendant “was drinking, and if he did any- prisoner 1s labouring. Se ogee
thing, he didn’t know it”; that “he wouldn't Ga. 310; Taylor v. State, os bs a. as a,
say that he didn’t take that girl out, but if S.E. 764; Hinson v. State, : a. sed 2)
he did, he didn’t remember it”; that “he 109 S.E. 661; Hargroves v. state, Bs
knew what we were talking about when he 722 (3), 177 S.E. 561; Code, § 6- a
said he wouldn’t say he didn’t do it, but if In this and most of the states no oes :
he did, he didn’t remember it because he is taken of what has been terme sea?
was drinking.” Another deputy testified sive” or emotional insanity, W ati
that the defendant knew him as a deputy criminal act is done under some ay - A
sheriff; and when the witness, about two ing and irresistible impulse, = i 4
months after the offense, stopped his car that such impulse is the result ofa paren
about 300 or 350 feet away from where the disease or mental defect, — wager
defendant was plowing, planting cotton, and judgment and —, checinagos
and got over the fence and started down to right and wrong, so as to fall within 7
him, the defendant stopped his mule and generally accepted “right and wrong test,

Resin cee

;
?

PERRY v. STATE Ga. 175
195 S.E.

or the exception, above referred to, of ‘“de-
lusional insanity.” See Brinkley v. State,
58 Ga. 296 (4), 300; 16 CJ. 100-103; 32
C.J. 599-601. Nor, under our Code ‘and
decisions, is any recognition taken of so-
called “moral insanity,” or of an irresponsi-
bility “from an inability to control the will,
from the habit of indulgence.” Choice v.
State, 31 Ga. 424 (11). Nor does mere
weakmindedness, unless amounting to im-
becility or idiocy, which like lunacy or in-
sanity may be held to deprive the offender
of the sense of right and wrong, relieve him,
the offender, of responsibility. Code, §§
26-301 to 26-304, inclusive; Studstill v.
State, 7 Ga. 2 (6), 12.

[6,7] 3. Applying the foregoing rules to
the instant case, although the evidence at
the trial of this adult defendant for the rape
of a seven year old girl showed that he was
of low mental development and a sexual
pervert, it not being shown that he was an
idiot or an imbecile or insane to the extent
of being unable to distinguish between
right and wrong, or that he was laboring
under some overmastering insane delusion
connected with and compelling the particu-
lar act, it cannot be said as a matter of law
that he was free of responsibility. The
crime having been proved, and the identity
of the defendant established without dis-
pute, the verdict of guilty was authorized.

Judgment affirmed. All the Justices con-

PERRY v. STATE.
No. 12148.

Supreme Court of Georgia.
Jan. 19, 1938.

Syllabus by Editorial Staff.

1. Criminal law €=824(4)

Where there is evidence to present de-
fense of justifiable homicide under statutes,
trial court must give instruction on such de
fense, notwithstanding absence of request
therefor. Code 1933, §§ 26-1011, 26-1014.

2 Homicide ¢=44

Under statute defining voluntary man-
slaughter as killing resulting from passion
justified by actual assault on accused or oth-
€r circumstances excluding idea of delibera-

tion or malice, where interval between as-
sault or provocation and homicide is insuffi-
cient for voice of reason and humanity to be
heard, assault may be found in evidence of

mutual intention to fight. Code 1933, § 26-
1007.

3. Criminal law €=824(3)

Where there is evidence of voluntary
manslaughter, trial court must give instruc
tion dn such subject, notwithstanding ab
sence of request therefor. :

4. Criminal law €=824(3)

In murder prosecution, testimony of
state’s witness that deceased ordered accus-
ed and a companion away from building,
that witness heard deceased, in another part
of building, say, “I thought I told you all
to get out from here,” heard shots, and
found deceased scuffling wtth accused and
his companion, who were subsequently found
to have bullet wounds, and that deceased
had knife wounds and stated his gun was
taken from him, presented issues of justifi-
able homicide and voluntary manslaughter
for jury and required instruction on such is-
sues, notwithstanding absence of request
therefor. Code 1933, §§ 26-1007, 26-1011, 26-
1014.

5. Criminal law €=557

In murder prosecution, evidence of jus-
tification or mitigation may come from the
state’s witness offered to prove the killing,
or from evidence offered by accused.

6. Homlcide €=309(4)

Where the law of voluntary manslaugh-
ter is involved under the evidence, the court
must give instruction on such subject, not-
withstanding that accused’s counsel, in ar-
gument, insists that the law of voluntary
manslaughter and of mutual combat is not
involved. Code 1933, § 26-1007.

7. Criminal law €=922(7)

In murder prosecution, neither accused’s
testimony, containing denial that accused
committed homicide, nor failure of accused’s
attorney to raise issues of justifiable homi-
cide and voluntary manslaughter in argu-
ment, waived or estopped accused from com-
plaining, in motion for new trial, of failure
of court to give instruction on such issues.
Code 1933, §§ 26-1007, 26-1011, 26-1014.

8. Criminal law €=1038(3)
In murder prosecution, under evidence :

presenting issues of justifiable homicide and
voluntary manslaughter for jury, failure of

wtts e meee ee

frarrere
we ee

ROZIER, Leavy L., wh,

wor ove

oi Sa
Cee

Through

in America

ENDELL FORREST BOWERS,

20-year-old murderer of Mrs.
Wilma V. Carpenter. pretty widow,
marched silently to Pennsylvania's death
chair in grim Rockview penitentiary,
Bellefonte, Pa., where he paid with his
life for his brutal deed.

a —seagensoaersmm

The first white man.to die in the elec-
tric chair at Tattnall state prison, Reids-
ville, Ga., was electrocuted after being
convicted of attacking a 7-year-old girl.
He was Levy S. Rozier, a 36-year-old
farmer. He was convicted a@ year ago
and won three reprieves from Governor
Rivers. But at the last the state prison
board refused to recommend clemency.

—

elec. GA (Ware) June 17, 1938.

September, 1938

SGUINY

Fred Vanucci reached the end of the
trail in Chicago when gangsters caught
up with him and took:him for a one-way
ride along a country road. The body was
found by a farmer in the vicinity of Crete.
The hands and feet were bound with sash
cord and the body was bullet riddled.

Clarence Easton, 27 years old, a North
Dakota youth who came to Chicago with
his brother with the idea of being a big
time gangster, was shot and killed by
state police after he had slain an officer
who sought to aid him. He and the brother
made a last stand in their attempt to
evade a police net but an officer's bullet
found its mark in Clarence's heart. His
brother, O. G. Easton, was wounded ane&?
captured during the gun fight.

One of Brooklyn's most notorious gun-
men was executed by gangsters recently
when he was trapped in a Tenth avenue
bar and grill and shot down by a lone
executioner. The victim was Edward
“Silent Eddie” Kenny, who, police say,
was implicated’ in the slaying of Mrs.
Jack “Legs” Diamond several years ago.

THE MONTH'S BEST CASES ©

CRIMSON TRAIL OF THE see WORE eccceuare ec0id onbved
shed’ op 08 ba 6 0 le Neh it . .By Roland E. Lindbloom 4
New Jersey—A ruthless bandit comes to the end of the crime trail.
TIGER GIRL... ee By Edwin Baird 8

Chicago—A bandit queen succumbs to mother love.

SNARING PHILADELPHIA’S PHANTOM KIDNAPER.....
....+..By Mackenzie Griffin and Lawrence Flick, Jr. 12

Pikivertoanteek slender clue foils a desperate plot.

OKLAHOMA’S DOOMED WIFE AND THE RIDE OF DEATH

as eee .By Edwin V. Burkholder 14
Cordell—Shrewd sleuths iolve. a : batting murder mystery.
DEVIL’S DISCIPLES............ at omar By Edith Liggett 18

New York—A dynasty of crimson horror ends on the gallows.

ROLINA’S PAYROLL SLAYERS AND THE TELLTALE
AEEBD 00. 0 staasdel OF sinew Awe e e ae By Philip R. Rand 24

Spartanburg—T wo brutal ‘killers learn that crime does not pay.

MOUNTAIN TRAGEDY................ By Walden Snell 28

| West Virginia—Two missing youths lead police to discovery of a
heinous crime.

S@LVING CALIFORNIA’S GREATEST GOLD ROBBERY
6a SR pies, 6 ope bate We By Harry F. Mullett 34

Selby—A ‘daring thief nearly committed a perfect crime.

MISSOURI’S MIDNIGHT HORROR AND THE MASK OF
GUILT................By Katherine Kellen O'Neal 40

Eminence—A double slaying ‘baffles police but a shrewd sheriff
traps the killers.

CORPSE WITHOUT A FACE... .......0 00 cc ee eens
sige o acre oat .By Antonio B. Quijano and Allen Carter 46

Mexico—Lust leads a jealous killer to a horrible murder.

SHORT FEATURES

PHOTO: FLASHES ore ce lec eee eee eieene 22
CRIME FILE .......... base kus Pe Porras Pere eee. ee 33
DWE: SEALING: 6 beein obey ie Cee eke eee ety eees 44

CHECK. CRIME CAUSES. Sigs
.An Editorial By Dr. John H. Cassity, Psychiatrist 50

STRAIGHT FROM saga idee a MSs Whee wn. + des
‘ Leeeeeeeeeeeesess+Comment on Timely Topics 82

re ee ee

DARING DETECTIVE is published monthly by Country Press, Inc., at 1100 W. Broadway,
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EMBER AUDIT ine gabe OF CIRCULATIONS

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peewee

172 (Ga.

BERRY v. STATE.
No. 11989.

Supreme Court of Georgla.
Jan, 12, 1938.

Syllabus by Editorial Staff.

1. Criminal law €=564(3)

The venue of rape prosecution may be
proved by circumstantial .as well as by di-
rect evidence.

2. Rape €=6

Force is an element of rape, but {t may
be exerted not only by physical violence
but also by threats of serious bodily harm
which overpower the female and cause her
to yield against her will.

3. Criminal law €= 742(1)

In prosecution for rape of a female of
tender years, the credibility of prosecutrix
on all questions including that of force was
for the jury.

—_—_—_——

Error from Superior Court, Gwinnett
County; Clifford Pratt, Judge.

Lester Berry was convicted of rape, and
he brings error.
Affirmed.

Marvin A. Allison, of Lawrenceville, for
plaintiff in error.

Frank Simpson, Sol. Gen., of Norcross,
W. L. Nix, of Lawrenceville, M. J. Yeo-
mans, Atty. Gen., O. H. Dukes, Asst. Atty.
Gen., and E. J. Clower, of Atlanta, for the
State.

Syllabus Opinion by the Court

BELL, Justice.

{1] 1. The venue may be proved by cir-
cumstantial evidence as well as direct evi-
dence, and in this case the evidence was
sufficient to establish the venue as laid in
the indictment. Dumas v. State, 62 Ga.
58, 59 (4); Johnson v. State, 62 Ga. 299,
300; Womble v. State, 107 Ga. 666 (3), 33
S.E. 630; Malone v. State, 116 Ga. 272,
42 S.E. 468; Lee v. State, 176 Ga. 215
(2), 167 S.E. 507; Bowman v. Davis, 51
Ga.App. 478, 180 S.E. 917; Baker v. State,
55 Ga.App. 159, 189 S.E. 364.

[2] 2. “Force is an element of the
crime of rape, but it may be exerted not
only by physical violence, but also by
threats of serious bodily harm which over-
power the female, and cause her to yield

195 SOUTH EASTERN REPORTER

against her will.” Vanderford v. State,
126 Ga. 753 (5), 55 S.E. 1025.

[3] 3. In the instant case the testi-
mony of the female alleged to have been
raped was not so inherently improbable
as to be unworthy of belief as a matter of
law, but her credibility on all questions,
including that of force, was an issue to be
determined by the jury, in the light of her
tender years and other circumstances. Bel-
mont v. State, 175 Ga. 15, 165 S.E. 45;
Annunciatio v. State, 176 Ga. 787, 169 S.
E. 3; Shivers v. State, 181 Ga. 557, 183 S.
E. 489; Fowler v. State, 181 Ga. 685, 183
S.E. 790. m

4. The evidence authorized the verdict.
The court did not err in overruling the
motion for new trial.

Judgment affirmed.
All the Justices concur.

a
w ;

ROZIER v. STATE.
No. 12014.

’ Supreme Court of Georgia.
Jan. 11, 1938.

Syllabus by Editorial Staff.

1. Criminal law €=311, 331, 570(2)

An accused is presumed to have been
sane at the time of the alleged criminal act,
and hence has the burden of showing by a
preponderance of evidence, but not beyond a
reasonable doubt, that he was mentally ir-
responsible.

2. Criminal law €=48, 49

The general test of criminal responsibil-
ity is whether one has reason sufficient to
distinguish between right and wrong in re
lation to the particular act about to be com-
mitted, the only exception being where will
of one having reason sufficient to distinguish
between right and wrong is overmastered
from delusion, and there is no criminal in-
tent, in which case one is not responsible,
provided the act itself is connected with the
delusion. Code 1933, § 26-301.

3. Criminal law €=50

“Impulsive insanity” or “emotional in-
sanity,” where criminal act is done undct
some overwhelining and irresistible impulse,

ROZIER v. STATE
195 8.E. aa. 173

{s not recognized in Georgia, unless such im-
pulse results from mental disease or defect
overriding reason and judgment and obliter-
ating sense of right and wrong, or unless
accused’s will is overmastered from delusion
connected with the act in question, Code
1933, § 26-301.
[Ed. Note—For other definitions of
“Emotional Insanity,” see Words &
Phrases.]

4. Criminal law €=51
So-called “moral insanity,” or irresponsi-
bility from inability to control the will from
the habit of indulgence, is not recognized in
Georgia.
{Ed. Note—For other definitions of
“Moral Insanity,” see Words & Phrases.]

5. Criminal law €=48

Where weakmindedness, unless amount-
ing to imbecility or idiocy, which, like luna-
cy or insanity, may be held to deprive an of-
fender of the sense of right and wrong, will
not relieve one of responsibility for his
criminal acts. Code 1933, §§ 26-301 to 26-
304.

6. Criminal law €=740

In prosecution for rape of seven year old
girl, evidence that accused was of low men-
tal development and a sexual pervert was
insufficient to establish, as a matter of law,
that accused was not criminally responsible.
Code 1933, § 26-301.

7. Rape €=52(1)

In prosecution for rape of seven year
old girl, evidence showing the crime and ac-
cused's identity, and failing to show as a
matter of law that he was not criminally
responsible because of insanity, supported
conviction,

——__-

Error from Superior Court, Ware Coun-
ty; M. D. Dickerson, Judge.

L. L. Rozier was convicted of the rape of.

& seven year old girl, and he brings error.
Affirmed.

The defendant was indicted and . found
Kuilty, without recommendation, of the
Tape of a seven year old girl. It was ad-
mitted in open court by the defendant and
"is counsel that the act charged had been
committed on the child by a “male human
being.” She identified the defendant as the
beng who persuaded her to enter his truck
when she left her home at night to look for

little brother”; and testified that he com-
mitted the offense out of the city, and had

also beaten her. Dr. Seaman testified that,
after, an examination of the defendant
at the request of the court, he thought him
of “low development” and a “sexual per-
vert, * * * a type of individual that
gets sexual satisfaction other than through
normal channels. * * * This manis the
type that gets sexual satisfaction out of in-
fliction of pain on other individuals, and is

known as the sadist type of sexual per-—

vert. * * * Their desire, particularly
the type of sadism, is very strong—that de-
sire is an instinctive emotion. They get
emotionally unstable at that time—emotion-
al unstability. * * * I should think
that a pervert suffering as I have found
this one, if he should decide in his mind to
pick up a child here in this town, and have
that kind of connection with it, from the
time he picked that child up till he reached
the spot where he could do it he could stop
if he didn’t give himself away to self-
gratification. In examining this man, in
my opinion I found him to be sane, and in
my opinion he knows right from wrong.
He just hasn’t developed his mind to the
point that usual, normal individuals develop
their mind. I think it was developed to the
degree that he knows right from wrong.”
In answer to a hypothetical question, stat-
ing the facts as to the commission of this
offense, and the subsequent return of the
victim to a place near her home, and his
effort to escape, the witness said, “I would
think he knew he had done wrong, and I
think the knowledge that he had done
wrong would cause him to escape.” Dr.
Walker testified that by order of the judge
he had examined the defendant, and that
the man was in “a rather hysterical, apa-
thetic state, feigning loss of memory.”
Answering hypothetical questions, he said
that such a man, approximately thirty-eight
years old, committing an offense such as
stated, “is a sexual pervert”; that “in per-
sons who are sexual perverts, where ab-
normal and intense sexual excitement is
manifested periodically, these are instances
of a true neurosis or of periodic insanity” ;
that “when this man’s sexual desire is on
him, he is not sane”; and that “he was
feigning loss of memory or insanity when
I examined him. If I have to narrow it
down to whether he is sane or insane, I
would say he was sane, but of a low grade
of intelligence.” Also, that if the defendant
did what was stated, “I would say that in-

creased intensity of sexual desire was so .

strong with him; it couldn’t be overcome
by his mentality—he couldn’t resist it,”

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528 Ga. 26 SOUTH EASTERN REPORTER, 2d SERIES
tion. See, in this connection, Investors defendant’s statement in nature of a con-
Finance Co. v. Hill, 194 Ga. 236, 241, 242, fession, signed transcript thereof was not
21 S.E.2d 220, and cit. inadmissible on ground that it violated de-
Decisions holding that such averments fendant’s right to refrain from testifying
of value are unnecessary fall under one or “der oath, notwithstanding that transcript
more of the pringiples recognized as ex- included defendant’s oath as to the truth
ceptions to the well-settled general rule, thereof. Code, § 38-411, 38-415; Const.
such as cases involving virtual adoption or art. 1, § 1, par. 6.
contracts between near relatives, where one
goes into the home of the-other, agreeing to
nurse and give the other “personal, af-
fectionate, and considerate attention, such
as could not readily be procured elsew
and where the vale ee eeiniers coal Gareneyy has _e ost ose en ee
not be readily computed in money.” Potts of, as sour senbra ee et Oe
¥: Mathis, 149 Ga: 370,100 £111, supra; - Oc Rosman containing ‘oath, court. prop
Brogdon v. Hogan, [89 Ga. 250, § S.E.2d erly refused to declare a mistrial because
657, supta;:. Hawkiason. v. Haakineon, 168 defendant’s oath and signature had been

Ga. 156, 358 168. 447.S.E 1067 Bicves y, Preeentet to ary. “Cott G9E-41».

4. Criminal law 867

In murder prosecution, where trans-
cript of defendant’s statement in nature of
confession was not inadmissible because

Smith, 184 Ga. 657, 659, 192 S.E. 372, 112
A.L.R. 368, and cit.; Hardeman v. Ellis,

162 Ga. 664(13), 695, 135 S.E. 195,
Judgment reversed.
‘All the Justices concur.

° KEY NUMBER SYSTEM

4ume

RUSSELL v. STATE,
No. 14562.

Supreme Court of Georgia.
July 7, 1943.

1. Criminal law 438

In prosecution for murder arising out
of a robbery, photographs of body of de-
ceased and of place where robbery oc-
curred were admissible, over objection that
they were inflammatory, for purpose of
showing circumstances and corroborating
defendant’s alleged confession.

2. Criminal law C=519(3)

A confession to be admissible must
have been freely and voluntarily made, and
fact that it was made while defendant was
in custody of officers will not of itself
justify its exclusion. Code § 38-411;
Const. art. 1, § 1, par. 6.

3. Criminal law C530

Where it was not contended that any
force, threat, coercion or reward was used
by assistant solicitor general in obtaining

5. Homicide ©=340(4)

; In murder prosecution, failure of court
in charging law of involuntary manslaugh-
ter to state the penalty therefor was harm-
less, where jury under court’s charge might
have elected to reduce sentence from death
to life imprisonment, but failed to do so.

6. Homicide €=304

In prosecution for murder arising out
of a robbery, there was no error in refus-
ing requested instruction with regard to
defendant’s right to acquittal if killing was
accidental, where court gave first sentence
of request to effect that a person should not
: found guilty of crime committed by acci-
ent.

7. Homicide 235
Evidence sustained conviction of mur-
der committed in connection with a rob-
bery.
Syllabus by the Court.

1. Photographs of the body of the
deceased, showing the nature of wounds
received in his alleged murder and show-
ing the position of the body when discov-
ered, as well as conditions appearing at
the scene of the crime, were properly ad-
mitted in evidence.

2, 3. Where an accused freely and
voluntarily submits to examination by ar-
resting officers and the prosecuting attor-
ney, respecting his alleged crime, and there
is no claim that he was influenced by force,
threats, or hope of reward, it is not error
on his trial to receive in evidence a signed
transcript of such examination, containing
incriminating admissions. The fact that
after giving such a statement in response

RUSSELL v. STATE Ga. 529

26 S.B.2d 528

to questions by the assistant solicitor-gen-
eral the accused made oath as to the truth
of the same does not render it inadmissible,
the test being whether it was freely and
voluntarily made.

4, Whether the court erred in failing
to give in charge the law as to the penalty
in case the defendant should be found
guilty of involuntary manslaughter (the
general law on that question having been
given) need not be determined, in view of
the verdict of the jury finding the defend-
ant guilty of murder, without recommenda-
tion.

5. Since under all the evidence and
the defendant’s statement the killing of the
deceased occurred as one of the “incidental
probable consequences” of the crime of
robbery committed by the defendant, the
court did not err in refusing the request
to charge the jury with reference to a kill-
ing by misfortune or accident.

6. The evidence authorized the ver-

dict.

——

Error from Superior Court, Fulton Coun-
ty; Edgar E. Pomeroy, Judge.

J. T., alias Bubber, Russell was convicted
of murder, and he brings error.

Judgment affirmed.

Wm. Schley, Howard Devereaux, F. Mc-
Clatchey, Harry S. McCowen, and William
K. Meadow, all of Atlanta, for plaintiff in
error.

John A. Boykin, Sol. Gen., Durwood T.
Pye, J. R. Parham, and E. E. Andrews, all
of Atlanta, T. Grady Head, Atty. Gen., and
L. C. Groves, Asst. Atty. Gen., for defend-
ant in error.

REID, Chief Justice.

The plaintiff in error excepted to the
overruling of his motion for new trial after
his conviction and death sentence for the
murder of George H. A. Thomas. The
facts of the case necessary to be stated in
order to give an understanding of the rul-
ings which will be made upon the grounds
of motion for new trial are substantially
as follows: Thomas was manager of Black
Rock Golf Club located on Campbellton
Road near Atlanta in Fulton County. On
November 23, 1942, he was spending the
night alone in living quarters which he
maintained at the club-house. On_ the
morning of November 24 it developed up-
on the arrival of employees of the club that

26 8..2d— 34

he was missing and unaccounted for. It
appeared a robbery had been committed
during the night. About the club-rooms
near his bedroom certain money and prop-
erty of the club had been taken; also cer-
tain baggage, clothing, and personal be-
longings of the deceased were missing, in-
cluding a pistol which he had customarily
kept at the head of his bed. Mr. Thomas’
Plymouth automobile was also missing.
Behind a counter in an adjacent room blood
was found on the floor and a towel with
bloodstains was located nearby. County
police authorities were notified, and a
search was begun for Thomas. During
the day his body was found at a point in
the woods near the golf course about three
quarters of a mile from the club-house.
He had been shot through the neck with
his jugular vein severed, and had been
dead for several hours, perhaps as much as
twenty-four or more. He was dressed in
his night clothes, bathrobe, and house slip-
pers. Two days later certain county offi-
cers apprehended the defendant Russell,
who had been a former employee of Mr.
Thomas and had served as a caddy at the
golf club. He was found in a restaurant
on McDaniel Street in Atlanta. Apparent-
ly suspecting him of guilt, the officers in-
quired of him where he got a watch which
was in his possession, and he said it was
his. The officer stated to him, “No, Bub-
ber, that’s. Mr. Thomas’s watch. Now
where is the other stuff and the car.” To
this the defendant replied, “Well, you have
got me. I will take you where the car
and the other stuff is.’ Whereupon, in
company with the defendant directing them,
they went to a point near Fort Street and
Edgewood Avenue, where Thomas’ car was
found parked. The officers inquired of the
defendant where the key was, and he said
he would get it at the Savoy Hotel. He ac-
companied them to a room at that hotel
‘where they found most of the property
which had been stolen, including the pistol;
and the defendant, who was registered in
this room under the name of Joe Wilson,
went to a dresser drawer and picked up the
keys to the car from under a paper. The
officer testified, “Ile said he got it at the
club-house, and we found all those articles
there on the table, the. shoes, shirts, golf
bag,” three hundred and thirty-nine golf
balls, eight or nine cartons of cigarettes, a
radio, ete. The officers also took from the
person of the defendant a knife which he
stated belonged to Mr. Thomas and which
he had taken from Mr. Thomas’ trousers.

ny uo (UCyTNY) *epy *oeTe SyoeTQ *(ysteqqng,) sewou, uyor “TTASSNY

*Cnét £02 38

San

‘elas:

Six M urderers
Electric Chair

Hour and Twenty-One
Minutes Required for
Mass Electrocutions.

———— . ‘
REIDSVILLE, Ga., Dec. 9, (R~
; Six negro murderers were put to.
death in the electric chair in the |
state prison today in the largest .

hour end 7i minutes. The first of |
the prisoners went to the chair at:
11:09 A, M., Central Standard Time, ;
and the executions were competed |
at 12:30 P, M., Centra] Standard
Time. =

A seventh prisoner, a white man, |
Tom Dickerson, Ovicted of stran-
gling the infant child of a daughter, |
was granted a last minute reprieve.
The six negroes who Paid with
their lives for slayings were: Jim.
Henry Williams, Charlie Rucker and
Raymond Carter, convicted of slay-:
ing Po Chief O. T. Thornton of |
ackson, 'Ga.; Arthur Perry and
Arthur Mack, sentenced for slaying
Charles R. Helton, Columbus, Ga,

All were electrocuted before wit. |
Deases were permitted to leave the:
execution chamber.
Throughout the morning. the
negroes fcrmet = singing sextet |
chanting. old spirituals and hymns,
playing on the refrain, “God Is ,
Coming to Thig World Bye and.
Bye”.
One by one. they were led to the ;
death chamber, their comrades |

=
2
3
és
5

x
5
B

2
a

| Relate and prayed at the elects ic
chatr. Hig last words were a plea
for forgiveness.

| The last to die was Raymond ,
Carter. He asked that someone who
could read pick up @ Bible and read
aloud at a place he had marked

Die in Georgia |

‘Kepanjes

‘8E6T Asqueseq OT

*/ abed
(eTTtTAuosyoer) NOINA

-SHWIL waruolg

QAAAW ELKIN OF

534 Ga,

12 Ann.Cas. 158, where the following
ruling was made: “Where the body of a
man apparently murdered was found by the
roadside, and two persons were arrested
and placed in jail charged with the murder,
and were subsequently taken thence in
custody before the coroner’s jury sum-
moned to hold an inquest on the body,
and, without being informed that they
were not compelled to testify, were sworn
and examined as witnesses, not on their
motion, but on that of the coroner or the
jury, in regard to the homicide and their
connection with it, on a subsequent trial
under an indictment charging them with
murder, confessions or inculpatory state-
ments elicited on their examination before
the coroner’s jury were not admissible
against them.” It is not contended by
counsel that this ruling is controlling in
the present case, but it is urged that it
states principles which, if here properly
applied, would call for a ruling that the
confession in the instant case should have
been excluded. We find nothing in that
case to support the position of the plaintiff
in error. On the contrary, in the opinion
are to be found stated the principles above
announced. The two persons in custody
were called to appear at a coroner’s in-
quiry, and, without being told that they
were not compelled to testify, “were sworn
and examined as witnesses.” In Cicero v.
State, 54 Ga. 156, it was held that a
committing magistrate had no right to
examine the defendant for the purpose
of entrapping him, and that statements
made as a result of such examination
could not thereafter be used against such
defendant; but all of these cases definitely
affirm and illustrate the rule that the
whole object on this score in the ad-
ministration of criminal justice in this
State is to protect the accused from being
forced to testify against himself. Our
attention has also been called to the re-
cent case of McNabb v. United States,
318 U.S. 332, 63 S.Ct. 608, 609, 87 L.Ed.
—, as being helpful to the plaintiff in
error. Although not binding upon us in
such a case as now under consideration,
we have carefully examined that decision.
The prosecution there involved was under
Federal law in the Federal courts; and
at the outset of the opinion Mr. Justice
Frankfurter said: “We brought the case
here because the petition for certiorari
presented serious questions in the ad-
ministration of federal criminal justice,”

26 SOUTH EASTERN REPORTER, 2d SERIES

although the defendants who had been con-
victed of the killing of a Federal officer
claimed to have been denied due process
under the United States constitution. The
prisoners in that case had not been taken
before a United States commissioner, as
required by Federal law, had been held
for about fourteen hours, confined in a
cell, given only small amounts of food,
and were shown to be without experience
and entirely ignorant. They were sub-
jected to a grucling examination for more
than two days; and in addition to this,
at the time of their trial their counsel
moved to exclude their confessions thus
obtained, and sought to show that they
had not been freely and voluntarily made,
but that they had been made under
coercion; and finally under those cir-
cumstances the opinion in the case, which
held that the confessions were improperly
admitted, did not put the holding upon
the ground of coercion, but, as pointed
out by Mr. Justice Reed in his dissenting
opinion, “Now the Court leaves undecided
whether the present confessions are vol-
untary or involuntary and declares that the
confession must be excluded because in ad-
dition to questioning the petitioners, the ar-
resting officers failed promptly to take them
before a committing magistrate. The Court
finds a basis for the declaration of this
new rule of evidence in its supervisory
authority over the administration of
criminal justice.” The dissenting Justice,
as was true in our case of Claybourn v.
State, supra, found, nothing wrong with
mere questioning of an accused while. in
custody, and preferred as the most re-
liable “the test of the voluntary character
of the confession.”

In the case now before us there is no
evidence of any force or even of per-
suasion brought to bear on the defendant
with reference to the statement made to
the solicitor-general, or to any of the other
statements attributed to him. We have
very carefully examined the entire tran-
script of the assistant-solicitor-general’s
examination, and find in it no note of
hostility, or threat, or argument with the
accused on the one hand, nor do we find
any such thing as a leading question or
suggestion by him on the other hand. The
accused answered the questions most
frecly, if we are to judge from the nature
of what he said. While the examination
of him was exhaustive in so far as detail
was concerned, this, so far as we can

RUSSELL v. STATE Ga. 535

26 S.1.2d 528
determine, related only to the matter of charge was not embraced in counsel’s re-
thoroughness. Even at the time the quest. Without intimating whether in-
motion was made to exclude the con- voluntary manslaughter might have been
fession, it was not offered to prove or involved in the case, so as to require a
even contended that any force, threats, charge on the subject to be given, since
coercion, or reward might have been in- the jury, in the verdict had the choice,
volved in the procuring the statement. under the law and the charge of the
Then, to go a step further, the defendant, court, of fixing a sentence of either death
while having the full advice of counsel or life imprisonment, and since they did
and the protection of the court, the full not elect to reduce the sentence to life
benefit of reflection while awaiting trial, imprisonment, it seems, without regard to
and the benefit of the events of the trial the merit of criticism in this ground, that
itself, not only stated that the contents the defendant could not have been harmed
of the confession were true so far as he by such failure.
remembered, but repeated a considerable [6] 5. Ground 8 complains of the re-
portion of the statement in conformity tO fycaj by the court of a request to give
what had been given to the court reporter the following in charge: “A person shall
under the questioning of the assistant 54 be found guilty of any evlne. be
solicitor-general. There is no suggestion J isdemeanor committed by misfortune or
in the record that the defendant was accident, and where it satisfactorily ap-
either ignorant or laboring under any fear. pears there was no evil design, or ‘in-
While this court has been most zealous tention, or culpable neglect. I therefore
in application of the rule that the con- charge you further that if you should find
fession to be admitted must have been from the evidence in this case, including
freely and voluntarily made, we can find the defendant’s statement, that he killed
nothing in the present record but support the person charged in the indictment, but
for the: circumspect, care thrown about that he did so by accident and with no
the prisoner; and the basis of this ground intention so to do, it would be your duty
of the motion cannot be accepted. to find him not guilty. I further charge
What has been said is without reference you that if you have a reasonable doubt
to the claim on the part of the State that as to whether the killing was voluntary
other incriminating statements and con- pr accidental, it is your duty to give the
fessions which are not here under attack defendant the benefit of the doubt and
were made to the officers having the acquit him.” The first sentence in this
accused in custody. request was given in charge, and the
[4] 3. The complaint made in ground complaint relates to the refusal fo. give
6 relates to the refusal of the court to the entire requested instruction. There
declare a mistrial because the oath and was no error i so refusing. Under all
signature of the defendant had been per- of the evidence _and the ee:
mitted, while before the court without statement, the killing OCCUERSS pues
objection, to be presented to the jury, nection with and as one of the incidenta
As a matter of record the court instructed probable consequences” of the robbery in
the jury that this portion of the statement which the defendant was at une ie
had been withdrawn, and that no con- engaged. His own statement was that the
sideration should be given to it; but in deceased was shot in struggling over the
any event it follows from what has been gun while he was trying ey tie a
ruled in the foregoing division of this so that the oe = gas
opinion that the complaint made in this Gore v. State, 162 Ga. 267 ( a), gi
ground is without merit. 36; Berryhill Vv. State, 151 Ga. 416, 107
acs S.E. 158; Lumpkin v. State, 176 Ga. 446,
[5] 4. In ground 7 complaint is made 449. 168 S.E. 241.
that the court in response to a request, . :
having given in charge the law of in- [7] No error Se eae " the
voluntary manslaughter, failed to charge contentions made by the plaintiff in error,
the jury what the penalty or punishment the judgment ae be affirmed,
was for this crime, although the omitted All the Justices concur,

i pea aha daha

SRN

‘covered that it could not be seen by the

532 Ga, 26 SOUTH EASTERN REPORTER, 2d SERIES

questioning him at length as was done in * ** * When I reached for the towel he

this case, and then introducing that state- grabbed for the pistol, and we _ started
ment in evidence at his trial, secks to tussling over the pistol, and it went off:
avoid the law which provides that the de-’ and that’s the way he got shot. After I
fendant shall ‘not be subject to cross-ex- came to myself I was so excited I didn’t
amination or sworn. On those grounds we know what to do. The first thing I thought
move to rule out that statement which was of was to get away, and the next thing
admitted yesterday.” Whereupon counsel was to come and give up to the aw: so }
for the State pointed out to the court that don’t know.” After other tecitale the
the defendant was not sworn before he was_ statement concluded: “and all € ax do
examined, and that answers to questions by now is ask you for mercy aiid to s a an
him were not actually made by him under life.” . 3!
oath, but that the oath was subsequently
administered to him, and at the same time 1
Proposed to withdraw from the jury that
part of the statement which included the
oath. The motion to exclude the statement
in its entirety was overruled, and the so-
licitor was permitted to withdraw “the last
part which shows that he did swear to the
statement and that part of the statement
which would show to the jury that he did
swear to the statement,” including the sig-
nature. Under direction of the court that
part of the statement as it appeared was so

Grounds 1, 2, 3, and 4 of the
amendment to the motion for new trial
relate to admission and explanation of
certain photographs of the body of the
deceased as it was found lying in the
woods, and photographs of the inside of
the premises at the golf club where the
robbery had taken place. All of these
photographs were explained as represent-s
ing either the scene of the premises when
the robbery was first discovered, or as
representing the position of the body of

the deceased at the time it was discovered;

jury. At this point counsel for defendant and certain of the photographs showing
moved that a mistrial be declared, on the the nature of the wound received by the
ground that the part of the statement, in- deceased, the clothing worn by him, ete.
cluding the oath later withdrawn, had been Eiate - was a epee mm their aniston
read in the presence of the jury. This mo- °VT the objection that they tended to in-
tion was overruled. The defendant offered flame the mind of the jury. The nature
no evidence except his statement as fol- of the wound was important, because of
lows: “These gentlemen have told ane the issue growing out of how the shot was
how Mr. Thomas met his death. They have fired, i, ¢., whether in a struggle over
told you, as near as I can remember, every- the gun or otherwise, and these photo-
thing I told them. It is the truth as far graphs with accompanying explanation
as any one, as much as any one inflamed WT properly admitted. See Franklin v.
by liquor, could tell anything. God knows State, 69 Ga. 36, 47 Am.Rep. 748. The
when I went to see him that night I went S@™M¢ 1S true of those photographs showing
to get a recommendation from him and the pesstion of the body of the deceased
borrow some money to get me some work #4 its condition when found, as illustra-

clothes with.” Continuing, he outlined his tive of the surroundings at the time of
activities, or some of them, as they tran- the homicide. Butler v. State, 142 Ga.

spired while they were in the club-house, all 286(9), 82 S.E, 654. The scene at the
of which, except his claim that he had Place of the robbery was important as
been drinking at the time conformed to or corroborative of the alleged confession of
was consistent with those conditions related the defendant and as illustrative of one
by him to the assistant solicitor-general. of the steps connected with the alleged
He claimed he did not intend to hurt time of murder with which the defendant
Thomas, and that “it was due to drinking stood charged. Sce cases already cited,
so much liquor and beer that I don’t know. and Johnson v. State, 158 Ga. 192, 123 S.
what I was doing,” protesting that Thomas E. 120; Shafer v. State, 193 Ga. 748(7),
had ‘been his -friend: and that he- liked 20 S.E.2d 34. No error is found in any of
Thomas. “So * * * I know I didn’t these grounds.

go there to hurt him. I would not have (2,3] 2. Ground 5 complains of a re-
a it for nothing if I had been at myself. fusal by the court to exclude from evi-
So I remember that I was to tic him up on dence the transcript of the statement given
ihe golf ehlirse after I came to myself and by the defendant, under questioning of
saw what [ had done, so I could get away. the assistant solicitor-general, to the court

reporter, it having been previously ad-
mitted without objection. The basis for
its exclusion as urged at the trial was
that it violated that provision of law em-
bodied in the Code, § 38-415, as follows:
“In all criminal trials, the prisoner. shall
have the right to make to the court and
jury such statement in the case as he may
deem proper in his defense. It shall not
be. under oath, and shall have such force
only as the jury may think right to give
it. They may believe it in preference to
the sworn testimony in the case. The
prisoner shall not be compelled to answer
any questions on cross-examination, should
he think proper.” It is contended that
since the transcript shows that the defend-
ant was examined as if he were a witness,
and since he took an oath to the truth-
fulness of his statement, all of which was
permitted to go to the jury, the pro-
visions of this section were circumvented,
and that the defendant was thus com-
pelled to give incriminatory testimony
against himself. See constitutional pro-
vision (Code, § 2-106, Const. art. 1, § 1,
par. 6) which is that “No person shall be
compelled to give testimony tending in any
manner to criminate himself.” The test
for the admission of confession of crime
in this State is declared by § 38-411, as
follows: “To make a confession ad-
missible, it must have been made voluntari-
ly, without being induced by another, by
the slightest hope of benefit or remotest
fear of injury.” In Bryant v. State, 191
Ga. 686, 13 S.E.2d 820, 823, it was held:
“To make a confession admissible, it
must have been made voluntarily, without
being induced by another, by the slightest
hope of benefit or remotest fear of in-
jury.” Code, § 38-411. Before an alleged
confession or incriminatory statement can
properly be admitted in evidence, there
.must be a prima facie showing made by
the State or elicited by the court that it
was freely and voluntarily made, without
hope of reward or fear of punishment. If
such preliminary proof fails to meet the
requirements of the statute, it is the duty
of the court to exclude the confession
from evidence. Where such proper pre-
liminary proof has been made, the con-
fession or incriminatory statement be-
comes admissible; but the defendant is
privileged to attack such showing by proof
that the confession or incriminatory state-
ment was not voluntary or was made with
hope of benefit or fear of injury. In
that event, the question as to the voluntary

cone 6 , t ' :
RUSSELL v. STATE : Ga. 533
26 S.E.2d 528 ‘

character of the confession becomes one
for the jury.” The Code does not under-
take to specify to whom it must have been
made, in order to render. it admissible
against the accused, or under what cir-
cumstances. The test is, was it freely and
voluntarily made? This seems to be the
exclusive test that runs through all of the
decisions we have examined on the sub-
ject. The fact that a confession or in-
criminating admission may have been made
while the defendant was in custody of
officers will not of itself justify its ex-
clusion. Fuller v. State, 109 Ga. 809, 35
S.E. 298; Whitworth v. State, 155 Ga.
395(2), 400, 117-S.E. 450. It was held
in Riley v. State, 180 Ga. 869(2), 181
S.E. 154, that “A confession reduced to
writing and sworn to by accused is ad-
missible in evidence, when made freely
and voluntarily.” In that case, as in the
one now under consideration, the. state-
ment of the defendant was made before
any oath had been administered. Authori-
ties were cited for the proposition that
such a confession was not rendered in-
admissible by the mere fact that it was
sworn to. This ruling was followed in
Mincey v. State, 187 Ga. 281, 200 S.E.
144. In Claybourn v. State, 190 Ga. 861,
866, 11 S.E.2d 23, 25, the accused was in
the custody of arresting officers, and after
being urged to tell the truth he stated
to. the officer: “I guess I'll tell you the
truth. I didn’t kill Dr. Lee, but I know
something about it.’ Following this, in
company with the officers the accused went
to another town; and the solicitor-general,
having been informed of his statement,
warned him of the consequences of making
any statement or confession, and then pro-
ceeded to receive from him a complete
confession of the crime. It further ap-
peared that he had been questioned at
length by the officers who had told him
at various times that they knew he was
lying and knew of his guilt. While not
approving the practice there shown to have
been adopted, this court held that the
confession made to the solicitor-general
was not shown to have been influenced,
and approved its admission as having been
made without fear of injury or hope of
reward, applying again the test whether
or not it was made, “freely and volun-
tarily,” and citing an exhaustive collection
of cases which have consistently adhered
to that principle. Counsel for the plaintiff
in error have cited Adams y. State, 129
Ga. 248, 58 S.E. 822, 17 L:R:A.,N.S., 468,

i ns ge a a

GAANEMSIVE OF

i
.
3
-
el
ra
4

530 Ga.

The defendant, according to the evidence,
discussed the robbery with the officers with-
out any pressure or urging from them.
From the hotel, immediately after gather-
ing up the krticles mentioned, he was taken
by the officers to the office of the chief of
county police, Mathieson, in the court-
house. The number of officers accompany-
ing him is not stated in the record, but it
appears after they were assembled in Chief
Mathieson’s office five officers were present.
Baker, a county policeman, who had par-
ticipated in the investigation at the time
and who had known both the deceased and
the defendant, testified that he took the de-
fendant into the court-house, and either on
the way into the court-house or after ar-
rival in Chief Mathieson’s office the defend-
ant made a statement to him. Baker testi-
fied, “I told him, I said, ‘Bubber, you have
killed one of the best friends I ever had.’
I said, ‘Who did you have with you,’ and
he said, ‘No one,’ and I said, ‘I can’t believe
you committed this crime alone,’ and he
said, ‘I knew Mr. Thomas’s condition and
I knew I could handle him, and I didn’t
want any help.’ That statement was freely
and voluntarily made. There was no offer
of reward, and no threat, and no intimida-
tion, to induce him to make that statement.”
Then appeared in the office, apparently in
response to a call from the officers present,
Mr. Andrews, the assistant solicitor-gen-
eral, and one of the official reporters of
Fulton superior court. On the trial the
court reporter was offered as a witness by
the State, and he testified that the defend-
ant was in the room with Chief Mathieson
when he arrived, and that the defendant
then made a statement in response to ques-
tions asked him by the assistant solicitor
general. The court reporter recorded it in
shorthand by questions and answers, later
transcribing them; and a transcript of
them was sworn to by defendant Russell.
At the trial the reporter identified this
transcript. He testified that the defendant
was told, before he was questioned, that
any answer he might give would be used
against him, and was cautioned that he
had the constitutional right to refuse to
answer; and that the answers to the vari-
ous questions were made freely and _ vol-
untarily. The beginning of the examina-
tion by the solicitor-general is reported as
follows:

“Q. What is your name? A, My full
name?

“Q. Your name. A. John Thomas Rus-
sell.

26 SOUTH EASTERN REPORTER, 2d SERIES

“Q. John, I am assistant solicitor-gen-
eral -*°* *, (AS Yes, sir.

“Q. Under the constitution nobody can
make you make any statement you don’t
want to make. A. Well, I know that.

“Q. But any statement you do make will
be used against you. A. That is all right.

“Q. If you want to tell me what hap-
pened in the club-house, I am going to ask
you some questions, but you can answer or
not as you see fit. A. Yes, sir.”

From that point the assistant solicitor
proceeded with an examination of the de-
fendant, inquiring in considerable detail
as to the movements and activities of the
defendant from the time just before the
robbery and killing of Thomas until the
time of his being taken in custody by the
officers. In response to these questions the
defendant gave a detailed story of how,
about seven o’clock in the evening of the
alleged murder, he boarded a bus and went
to the golf club, alighting from the bus
about a block from the entrance to the club,
and of how he continued from that point on.
The statement was very lengthy and con-
tained a great many details not necessary
here to be stated. The substance of the
pertinent portion was as follows: He went
to the club-house entrance, found it closed,
knocked on the door. Mr. Thomas came
to the door, dressed. He inquired of “Bub-
ber” what he was doing there at that time
of night, and asked him if he wasn’t drunk.
“Bubber” explained, “No, I have just had
a couple of beers.” Mr. Thomas invited
him in, and asked him what he wanted to
talk about. He explained that he wanted
a recommendation, that he had the pros-
pect of employment and needed a recom-
mendation. Thomas, looking for pen and
paper, turned away, and “Bubber” then
said to Thomas, that he wanted to borrow
$20. There was some discussion about
that; and Thomas, not having agreed to
lend him the $20, started back of a counter
for some purpose, and Russell grabbed
him and hit him “somewhere in the face,”
and Thomas started bleeding. Russell pro-
tested to Thomas that he had not meant to
hurt him, but that he had to have the
money. They then went to a safe, Thomas
wiping off his wound with a towel, and
Thomas opened the safe by working the
combination, having in the meantime
agreed to produce the money. After the
safe was opened and the money produced
(less than $100, all in silver) Russell pro-
tested that he would take the money and

Rea pete 108

RUSSELL v. STATE Ga. 631

26 S.E.2d 528
leave, and would not hurt Thomas. Later, “Q. Will you take oath and swear oe
however, he forced him to open the cash Au} will curse God if it isn’t ee ee
register. Then Russell asked him about his er questions were propounded. . sO so
car keys. They were produced from Thom- tor: You don’t have to eae : pe
as’ trousers pocket in his bedroom. The statement unless you want to. No + die
defendant described the conditions in the make you do it. I told you that any “ e-
bedroom as they had been found to be the ment you make will be used acc are
morning after the robbery. He said he The accused: “I will swear — ae
found Thomas’s pistol lying on a table, and oath was then administered = = “
took it and said to Thomas, “Come on,” days after a transcript of it - a
Thomas begging him to take the money and the court reporter and eee Bias gs
leave, and he protesting to Thomas that he statement to him at the a : eh :
did not intend to hurt him. He then took insisted he did not care to aye i Bi ;
hold of Thomas and led him down the steps was fully read to him, and except ~ nen
on the outside of the club-house, and con- gesting the correction of = pare fe) be
tinued to lead him along a road which was street, he said, That s al bibs ht, ae
either on or near the golf course to a point signed it. When this — or aes
where they turned into the woods. He script, having thus been ident: sgt Dies
outlined considerable conversation that took fered in evidence, there was ae ii
place between them during this fateful to its admission, and it was pes an u ; °
journey. According to the story, he turned the jury, including the sgh ich pico
into the woods and went some distance at its conclusion. John T. —. 7
holding to Thomas’s arm, and holding the policeman, testified that the de _ ee o
pistol in his left hand. He then explained him he had fired the nee ‘ ree site
that he was intending to tie Mr. Thomas “He said that the gun was re basa
up with a towel which he had carried with gle over it, that Mr. Thomas 3 mes Un
him, so that he could get away. He said: and they scutiled, and pat os e reel “
“Standing by the tree I had the towel I got him. * * * He said that pans boo
in his room. I had it in my back pocket. the arm and had the gun in his bs t a0
I went to reach for the towel with my right and that Mr. Thomas was on bg: right.
hand, and he grabbed hold of the gun; He said that he was going ey ue ie
* * * he was standing by the tree.” but that he had the gun in this a is
Russell then stated, that as he reached for turned Mr. Thomas loose and = = hy
the towel he got into a tussle with Thom- get a towel, and Mr. Thomas Ss t '
as over the gun, and the gun discharged gun.” It was a as, ee BES reer a
hitting Thomas; and that Thomas fell could not be fired without being ae ss bY
and said, “Lord, have mercy, Bubber, I the trigger. There were no powc - athe
didn’t know you would do that.” The gun on the body of the —— I os pate 8
was discharged three times. Russell then corpus delicti was made, with ot nee pee
returned to the club-house, gathered up the snot necessary to be stated here, or referre
items referred to as having been stolen, in- to in the opinion.
cluding a bottle of gin, placed them in suit- —_ During the trial on the day following the
cases belonging to the deceased, took the introduction of the defendant's examina-
car and drove to the Savoy Hotel where tion as conducted by the assistant solicitor-
he registered and where the stolen goods general, counsel for the defendant stated
were found. He further detailed his ac- to the court: “Yesterday the State intro-
tivities from that time until he was ap- duced in evidence the statement number
prehended, spending a considerable portion 10, a thirty-page typewritten statement in
of the time drinking at restaurants and oth- question and answer form signed by the
er places about the city. Toward the con- defendant. We didn’t object at the time,
clusion of the examination by the assistant put now at this time we do wish to object
solicitor the question was asked the defend- and move to rule it out, on the following
ant, “Have you told us here in the presence grounds: The law of Georgia provides
of Mr. Echols, the court reporter, the truth that the defendant in a criminal case shall
about what happened? A, That is the not be sworn and is not subject to cross-
truth, sir. examination. This statement which is in
“Q. Now, are you making this state- evidence and was read to the jury, while
ment of your own free will because you objection was not made at the time it om
want to? A. IfI don't, Il take credit from offered, still it is a contention of the 7
the good Lord. fendant that by putting him under oath an

Georgia Cha

ir Takes Lives of Six Young Negroes. ~

For Murder of Three White Men and

| Ohe Woman.

“By ED BRIDGES

“ REIDSVILLE, Dec. 9 up—six| ti

young Negroes, buoyed by song and

prayer, walked firmly to the electric |

chair today and died in swift) Kuc-

| cesnion_for_the slaying of. three white

men and a young mother.

One by one, fervid prayers, cheer-
ful farewells and - deeply intoned
splirituals “were~ hushed abruptly ax
the chair in the atate’s prison took
more lives than Georgia’s legal ma-
chinery ever took in a single day be-
fore. . idk Se ae.

Working precisely, State Electrician
L. ‘P. ‘Cheatham completed his ma-
cabre taxk in SL minutex from the time
Willie - Ruasell_atep i :
chamber until Ruymond Carter - was
dead, ne . ;

All the doomed men were comforted
by religious emotion built to a climax

< through. a breukfastless morning of

siuging aud praying with a- Negro
rgymane

Longest interruption in the execu-
ons came when Arthur Mack, sec-
ond to die,.gained permission to kneel
beside the chair. *
Placing his knecr on the rubber
‘footstool aud his bead in the un-
puinted oaken seat, be prayed in a
clear, strong voice for two minutes,

ending with his own supplication that
closed thus: .

“ . help ‘those who’ prosecuted
me and give me a home in the king-
dom, ohys Jesus.”

All the Negroer admitted guilt--and
thanked prison, attendants for kind-
UCSKCB, .

Kuseell, walking unmanacied = le-
aide—a—sinzie—guard as did all the
otherg, entered the chamber at 31:00
am. (CST). He was strapped in
swiftly, the slate-red mask slipped
over his face and the three switches
clored by as many men at 11:12. fle
!was pronounced’ dead at 11:21 fer

[killing George ‘Camp and Camp’s' Rivers.

starting with the Lord's’ prayer and |-

daughter, Mrs. Christine Pauls, near
Sinyrna. “4

Mack felt the current at 11:33, was
dead at 11:39 and was followed by
Arthur Perry, convicted with him for
slaying “Charles Helton, Columbus
watchman, Verry got his first shock
at 11:44, was dead at 11:02. :

Williams Hard to’ Kill

Jim Henry Williams, Charlie. Ruck-
er and Carter, sentenced for killing
Police Chief C. ‘T. Thornton at Jack-
son, cume in that order. Williams’
pulse was strong after two shocks,
n third wax administered and he
died ut 12:06, eight minutes after
the first jolt. The awitches closed
on Rucker at 12:12 and he was deal

ut 12417, whik Raymond's firnt shock }-

courséd through hits at 12:25.

: : bye.”
Ton Pickerson, white man don: | nt walked Ualtlyc waving hin

victed of strangling his daughter's in-
fant child, was saved from a place

Prue Pet
8 tee,

“All the condemned gained strength
and calmness from their singing and
praying with the Rev. T. W. Smith
of Columbus, pastor of an African
Methodist Episcopal church but Mack
apparently atained a trausport bur-
dering on an cestitic trance.

Enters Chamber Singing

He entered the denth chamber sing-
ing, in a xtrong baritone: voice, this
song—which was’ adopted as a gen-
ernl theme by all the "Negroes as
their death hour-drew near:

“God is comin’ in this worl’ by

“With a staff in Tis-hand, he. is -
comin’.

“Oh you sinners, better Ket ready!

“Cod six ednin® in the Worl by an

ee fee ew ee

gems in time with the music, much
like a conductor dire un orches: |
tra or chorus, . “si. -

in the depth parade by a lust-minute.
ahday refit

ieve granted: by Gov. E. Daj-

GEORGIA, Page 2," Col. & |

-z abed o3 dunt 'T ebed

BE6T ‘OT rzequeseq /Aepanjes 'HaVUDATAL (WD) NOOWW dob

u
b
t
re

oTITT™

6 or

‘HORTA

°O9T9

THE MACON ‘TELEGRAPH: ~ SATURDAY MORNING; ‘DECEMBER 10,;1938-

a.trance-like gaze and. smiling hap

dP the lethal scene after he had

cee as 9 Oe Be ae see
‘CONTINUED FROM -PAGE ONE
After his dramatic prayer beside |,

the chair, he arose unaided, seated
himself and was looking upward with |.

pily. when the death mask RAs +
dropped over hia head.-- 7 “+
‘Russell wos the only Bae who
blamed anyone else for. Nis. plight,
accusing another Cobb county Negro
of helping him in the dual killing on
amps: farm, A crime whic cd. to]
rncial disorders in Smyrna shortly
after its occurrence last October.
But even he closed on a concilia-
tory note when his Inst words, were
“goodbye, everybody, I'm well satis-
pied.” ‘ .
Carter, Inst to dic and apparently
the youngest of the six, added drama

marched to the chair, shaken hands
with guards and been strapped in,
. Asks Scripture Read

Before the mask could be put on, J

he naked that a Bible be placed on
hix knee ond that someone rend from
ite the 24th verne of the 16th chap
ter of St. Matthew. Sergeant W. eal
Horne, who accompanied — all the;
prisoners on the last walk, complied |
solemnly. As he finished ". . . take
up His cross and follow me” the
mask was put on.

Rucker entered with his hands in
the- pockets- of - his - prison auit--and
appeared -mewegerehalant than the
nthers.: TRV Diese ce rods
were — half-suig. half-recited — lines
from two old spiritunls:

“Um gonna ent off the weleome
table xome of these daySiee se and
“Hm gonna tell God how you done

Most taciturn and most resistant
to death was Williams, whos ainazed

{hecofficiel physicia ne Dr, WAT.

Jones of Reidsville, by showing &
strong pulse. after his first, AQ-noc-
ond shock. and also after his second,
20-second one. . Gi
Perry Sits Down Quickly
Terry moved most , swiftly in the
presence of the chair, walking hur-
riedly across the rooin tothe instru-
ment and ecating himself quickly.
_ “L wish you all good luck,” be
said_UI hope to sea you in heaven
and believe the Lord ix on my side.”
Cheatham, veteran electrician: who
built .the first Georgia electric chair
in 1924 and still is using the same
one, today brought to 178 the number
ot executions in which he has been

: da~eharse,— having—Mminsed—only~ Onery
Atle xaid the prev

iohy largest number

tennett of Sylvania and De R. |

5 wane ad es ee pr Oe Ot

‘fonernsc eearmen nit
Whe established, fre for the elec-
trician is $75 while each of three
assistants receives $10, making a tO
tal of $105 for each death, or & to
tal of $650 for the day's work,
Rodivs of executed men are kept
at the prison 24 hours and, if une
claimed by relatives OF friends, then
are buried in a field near the prison.

ewes cowenes | oT SOND

_"-

“OL eletergen trons inta “Single day war

r 3 s a 1, “|
Dd chet hdd gy BU he ke ake che LOW {).

URGING desires pounded through the throbbing
brain of the creeping half-savage black man who
wriggled through the bushes. Before him was the
light-path from the window of a Georgia cabin in

the glade. Overhead the October hunter’s moon threw
its light upon the tangled shrubbery which might have
been the jungle line creeping to the edge of the African
veldt in which this man’s ancestral roots still clung.

Inside the cabin Mrs. Christine Pauls prepared for
bed. This was what the Negro was waiting for. To see
this white woman take off her clothes, piece by piece,
revealinge more and more velvety, soft white skin—
that was what he was waiting for, what he had waited
for each night in the past week.

Every evening that he had watched this 26-year-old
white woman he felt tingling, swirling sensations
streaking through his black body. Gradually, night
after night, he had crept nearer—afraid, yet fascinated—
propelled by the sensual desire that robbed him of cau-
tion and set his body aflame with savage passion.

Danger and possibly death lay between him and that

MURDER,

RAPE
and

KELLEY

WITNESS——

Cecil Pauls, 10, to his
mother’s murder, is visited
in hospital by his teacher.
He was brutally beaten.

white woman with her rounded breasts, rounded thighs
which, even now in his imagination, he. could feel
against his body, beneath his hands.

Smouldering resentment, too, inflamed his mind. His
red-rimmed eyes squinted, his loose-lipped mouth
twitched and worked into grimaces as he thought of the
gulf between blacks and whites—himself and that
white woman.

Black women, bred as himself, he could have almost
for the asking. But here before him was an unattain-
able white female. To possess her body, even for a
moment, would lift him forever above his dreary niche
and give him pleasures excruciating in their ecstasies.

He thought of the times white men had called him
“boy” and cursed him as a “nigger” for not jumping
more quickly to obey commands they had no right to
give. All men were free and all were equal. They had
no right—

But these vagrant and half-formed thoughts of justice
and rebellion against oppression vanished. Mrs. Pauls
was walking across the living room. In a minute, now,

she would b:

The Negrc
fore. He w:
was drawing
to the groun
as he kept h
knew would

Two other
all the time.
on opposite
Washington
woman. Th
son.

The three
gone away
family quar

inded thighs
could feel

s mind. His
yped mouth
ought of the
lf and that

have almost
an unattain-
. even for a
dreary niche
eir ecstasies.
d called him
not jumping
i no right to
il. They had

thts of justice
Mrs. Pauls
minute, now,

THE SOUTH
treats ravagers of white women this way.

she would be in her bedroom.

The Negro had never been'so close to the house be-
fore. He was no more than 20 feet away. A magnet
was drawing him. He tried to resist; flattened his body
to the ground. His neck stretched into an aching arch
as he kept his eyes glued upon a dark window which he
knew would soon be flooded with light.

Two other figures were in the living room—had been
all the time. They did not matter. They were males, and
on opposite ends of the scale of life. One was George
Washington Camp, 66, tenant farmer, father of the
woman. The other was Cecil Pauls, age 9, the woman’s
son.

The three lived there together. The boy’s father had
gone away some months before. There had been a
family quarrel.

HE lurking figure behind the bush, eyes glued upon

the bedroom window, panted expectantly as the
woman began her accustomed routine. First she loos-
ened her long hair. It tumbled down upon her shoul-
ders, framed her beautiful although tragic face.

Then she sat for a moment upon a chair, removing
her shoes, the Negro guessed. Then a knee came into
view as she slipped off a stocking. Another knee.
Another stocking:

The woman stood up, her dress sagged loosely. It
was unfastened. The Negro sucked in his breath be-
tween loose lips and squirmed closer to the window.
But he squirmed a few feet only, then stopped. Be-
neath the dress was a slip. He resented this slip. Each
night he had resented it for the delay it caused, for the
seconds it robbed his eyes of their feast of flesh. But
he waited, not breathing.

The slip dropped from the woman’s body. Slowly,
oblivious to possible prying eyes in this secluded nook of

to... and

amp snake,
lly, it sank

e old tenant
orm sagged
i across the
‘e jerks.

men staring
n, battering
ert body of

ne object of
of the little
his tousled

Aother.” His
“MOTHER

word as the
nother blow

ighted room,
nitted to her
2droom door.

ier, silently.
detail of the
was not new
scene before.
e stuff from
\s, turning tc

THIS IS THE FATE——
that Willie Russell (inset) escaped
when the law caught up with him.

womanhood, close their eyes in sleep. Surely this must
be just another dream—merely more horrible than the
rest.

But in dreams she never smelled the stench of a
sweating Negro nor heard so clearly the sucking sobs
for breath that now came from the lips of her injured
son. Nor did the pool of blood spread so swiftly across
the floor from the matted golden hair of her only child.

The woman’s eyes slowly widened as agonized horror
etched itself upon her face. For an instant her mouth was
open but no sound came from her fear-paralyzed throat.

One hand, palm extended, was held shoulder high
as if to ward off the lunge of the murderer. The other
hand, fingers hooked like claws, pulling her mouth
askew.

Then a scream tore its agonized notes through the
little cabin. And the woman darted with the speed of a
tigress to the side of her stricken son. '

A rough, hot hand settled upon her shoulder. A
heaving jerk from the Negro’s sinewy arm flung her
across the room.

“Shet up, you.” His voice was thick, his eyes crafty.
“T'll jes’ shet this ’er cabin door. Then we’uns kin tawk.”

Swiftly racing thoughts flashed through the woman’s
mind. Should she quietly submit to the ravishing that
she knew would come? Only the most naive would dis-
regard the certainty of doom she recognized intuitively
in the Negro’s eyes.

And if she should submit would he leave her alive, to
identify him and bring him to the justice of a rope end?
Mrs. Pauls was not deceived. The Negro had killed
her father, probably also killed her son. He would kill
her, too—afterward.

HH rage raced through her body and her. strength
returned. Crouching on the floor where she had
sprawled, she gathered her muscles for a leap toward
the kitchen door and the knife, with the gleaming blade,
that she knew lay snugly in the kitchen cabinet drawer.

She had a vivid mental image of that knife blade. If
she only had it in her hand she might stick it into the
black heart of the fiend who had changed her com-
fortable existence into a nightmare of horror.

She sprang for the doorway. Her leap took the black
man by surprise and before he recovered himself she
was beyond the grasp of his outstretched fingers.

But she was not beyond the reach of his whirling club
which he sent flying through the air, end over end, in
tantalizingly slow gyrations which raced the running
woman for the doorway.

For an instant it seemed that the desperate woman
would win. She thought so too, and a fierce exultation
swept over her.

Then a dull thud on her back drained the strength
from her knees and she pitched forward, her tender
skin burning as it slipped across the coarse grain of the
boards on the cabin floor.

A sob of frustration racked her body as the Negro’s
fingers bit into the soft flesh of her upper arm.

For a moment. she tried to fight the man, scratching,
kicking, screaming. The smashing force of a sweeping
palm struck her across the mouth. Blow after blow
rained upon her body, tossing her from side to side, yet
coming so rapidly that their force kept her body from
the floor.

The shower came to an end and, her strength gone,
she sank in a sobbing heap upon the cheap and shoddy
rug. Nothing mattered now, she thought, if she could
but for a moment rest in peace, escape the savage,
shocking pummeling of those (Continued on page 82)

VICE FOE CLINTON:
Grand Juror Clifford Clinton inspects bomb’s
damage after raid on his h by gangst

the orders to the stars to pay come
from that section of Los Angeles.

But who is the brains of this vast
ring that has made Los Angeles the
cesspool of crime?

Perhaps Captain Earle Kynette
—— the answer, but Kynette won’t
tal

Slowly and relentlessly the G-men
and the reform group of Los Angeles
are pushing this mysterious higher-
up to the wall. In the meantime Cap-
tain Kynette’s sinister secret police
have been replaced by a gang of ter-
rorists commanded by this hidden
power behind all crime and vice in
Los Angeles.

It may take a year or two years,
but the men and women that fought
so valiantly against Captain Kynette
have vowed never to stop until this
man of mystery is identified.

And enough has leaked out of their
investigations to indicate that when it
does, the country is going to receive:
a shock that won’t be forgotten in a
few weeks.

flailing hands.

Blood trickled from the corners of
her mouth. Her head felt big and out
of shape, her ears rang as if she had
been holding her breath too long.
Familiar objects about the room took
on queer and strange outlines as they
danced before her eyes.

“Too good fer a black man, huh?”

Again the Negro grabbed the white
woman,

“No, no,” she sobbed. “Please...

He must take her back into the
room where so often he had watched
her through the window as_ she
stripped her clothes from her white
and supple body. In that room lay
paradise.

But the power had not gone per-
manently from the muscles of the
woman. As he dragged her to her
bed she surged to her feet and fought
again. This time there were no blows,
merely a relentless, steady pressure
of enfolding arms that pulled her
now-naked, straining body against the
cgarse cloth which lay over the bulg-
ing muscles of the man.

She felt hot to him. His thick, slob-
bery lips clamped their warm wetness
upon hers as one hand held her head
as in a clamp of steel.

Slowly, methodically, relentlessly
the Negro lived in reality each lasci-
vious moment that he had enjoyed in
anticipative imagination in his pre-
vious nights of spying.

Each act filled him with a new
sense of power and of conquest. White
men no longer were his masters. Here
he, a field hand “nigger,” was using
one of their women for a plaything,
toying with her, rubbing her soft
white body with his hands, reveling in
his strength, his domination, his

”

CRIME DETECTIVE

_ MURDER, RAPE—AND ARSON —

CONTINUED FROM PAGE 47

achievement.

Then suddenly, his senses jaded, he
saw the scene nar. Ag different eyes,
the eyes of fear. gain he was a
field hand “nigger” who had violated
the sacred code of the ruling whites.
Ravish a Southern woman and you
die. If the guilty one doesn’t die, some
other black man has to die, anyway.
Perhaps more than one.

Fear clutched his throat with an
icy hand and strangled his chest with
a tenuous arm.

Backing from the room with shuf-
fling feet, eyes fixed on the discolored,
battered features, he saw the foam
move on the blood-stained lips.

He stopped. She was alive. She
would tell on him. He would be
tracked with hounds through the
swamps, over hills, down ravines, his
lungs bursting as they pumped dry
air through a fear-dried throat. Then,
when he no longer could run farther,
the white men would close in—knives,
fire, rage, rope, revenge.

Now he must kill. Where was the
club? Where? Kill.

Returning to the room the Negro
raised the club, held it high a mo-
ment, crashed it down upon the pitiful
head of the ravished woman. Again
he struck. And yet again.

“You won’t tell on me now, you
old white woman. You cain’t tawk
now.”

Slowly he backed from the bed-
room. His heel tripped. against the
body of the boy. He looked down.
“He's daid, too. An’ he cain't tell on
me.” He looked around. “An’ you,
ole man, you’se daid, too. An you
cain’t tawk an’ tell on nie.”

He turned and swaggered through
the door. But as he moved into the

darkness his bravado left him like a
fluttering cape. He turned wide eyes
of terror toward the lighted door,
then dashed into the darkness, the
devils of fear yapping at his heels,
nipping at his flitting legs.

Inside his body his stomach col-
lapsed and turned to ice. His chest
felt empty as through his dry and
rasping throat he tried to pump it up
again with air that never seemed suf-
ficient—air as dry as dirt and as hot
as flame. He ran on and on, stumbling
through the night.

NSIDE the shambled cabin the

clock struck midnight, and it was
Sunday, Oct. 16, 1938. But no one
heard the clock. It struck one, then
two, then three, and the stench of
death jabbed its penetrating force
through the nostrils of the child.

The boy groaned. Returning con-
sciousness stirred his eyelids, twitched
his lips.

“Mother,” he muttered. Suddenly
he realized where he was, and as
terror returned to his face he began
living again where consciousness had
léft him several hours ago. “MOTH-
ER!” he screamed.

But there was no answer. Slowly
he turned away from the sickening
sight of his battered grandfather and
crawled, painfully, slowly, toward his
mother's bedroom’ door.

For an hour muffled sobs drifted
back into the living room as the nine-
year-old boy begged his mother to
open her eyes, to speak to him.

Walking, stumbling, then crawling,
he made his way to the outside door.
He had come to know death in its
irrecallable finality.

As Cecil thought of getting help,

his natural inclinat
the spiritual advis
the Rev. J. C. M
nearly three mi
broken fields and

It was daylight,
for a hundred yarc
on wobbly legs. H
weighed down by
seemed to twist hi:
stumbled. Regaine
on farther. Fainted

When he opened
sun had set and th
ning breeze gripped
Slowly he retraced
across the cabin
still.

As Monday mori
felt stronger. Afte:
excruciating eterni
gered to the kitch:
end Morgan’s hom

Quickly the kinc
in, gave him wate:
Then the boy told
nights and a day

“Sonny, do you k
the preacher asked

“Yes, I know w
was Willie.”

“Think hard, so:
terribly sure. You
taking a man’s life

“It was Willie I
boy cried. “I know
some day I'm pg
damn...

A white heat o
the tiny, wounded »
ing now as much {
weakness,

“ ‘Revenge is mi)
the preacher spol
right good posse t
the Lord.” And so
for the telephone.

Word of the brut
ran through the cot
fire. Negroes every
cealment or the }y
white folks. Sudde:
air. Revenge rode v
wind of the South

In Smyrna, a f
knot of men gath
street corner of
Others joined ther
instinctively gather

ORD ran th

section that
was forming, and li
uniform abruptne
afraid to stay in t!)
to flee to the woods
bring them under
of the white men’s

But there was nc
knew for whom :
were too fair, at t!
upon all the race
the one.

But when Tuesd
temper of the crow
passing of the hour
picked up as to W
whereabouts.

With common c
whites at Smyrna
gree” methods on
were seriously be:
homes partially w)
was “turned upsid
for the sex-killer.
section felt that hi:

SMOULDERING REM#
—of a lynch victim o
caught up

1 creme mp TT

Cobb County, Georgia, she loosened her brassiere. Flung
it upon a chair. e

In a moment she was nude. Her long hair fell farther
down her shoulders now, shielded one firm breast from
the Negro’s prying eyes. :

Slowly, her muscles stretched healthily, lazily in the
freedom that they now found. The woman walked
across the room to a closet.

The Negro felt that he must look fast for soon she
would slip into a thin peach-colored night gown, stand
for a moment facing him as she opened the window.
Then there would be darkness.

Tonight he was so close he heard the bed springs
creak as the woman’s weight settled into the cheap bed.
The noise came again as she snuggled into a more com-
fortable position.

The Negro found himself on his feet, striding toward
the window. His right hand, trailing behind him,
grasped aclub. He felt himself propelled by a strength
greater than his own, by an instinct which demanded
that he have this woman if it meant his death.

As he walked, a cloud crossed: the face of the moon,
and the night was black. His foot struck a bucket which
clattered in the stillness. He froze in his tracks, and in
the darkness he was afraid. ties ~

Through the window of the living room he saw the
old man raise from his chair, hold his head as if listen-
ing. Then he flung open the door, flooding a path of
light toward the Negro, exposing him. —

“What do you want?” the old man denianded.

The Negro shuffled forward, his gait that of a cowed
man. “I wants to collect fer them two days o’ workin’
I done on the ’tater patch las’ week.”

“I told you I couldn’t pay till my gov’ment check
come, didn’t I?”

Whining, the man repeated his request for money.

wee ee were +

TOBACCO

* Pe ns

DEPUTY POINTS——
to spot where ravaged woman
and murdered man were found.

If not all, at least part. He wanted, he said, to... and
then the moon came out again.

Savagely, with the speed of a striking swamp snake,
the Negro swung his club. Crunching dully, it sank
sickeningly into the old man’s skull.

A sigh escaped from the startled lips of the old tenant
farmer as his frail and rheumatism-bent form sagged
like a half-filled bag of meal, fell backward across the
threshhold, then straightened with convulsive jerks.

The savage, blood lust and hate of white men staring
from his beady eyes, struck again and again, battering
a rain of blows upon the insensible and inert body of
the old man.

As the Negro looked up from the gruesome object of
his insane hate, he saw the horror-filled face of the little
boy. The light from the room ran through his tousled
auburn hair making a halo about his head.

“Grandpa,” the boy gasped in horror. “Mother.” His
voice screeched to a scream of terror. “MOTHER
CO...”

His voice was cut off in the middle of a word as the
club crashed into the side of his neck. Another blow
struck him on the head.

As the attacker stepped farther into the lighted room,
the woman, wild-eyed with the terror transmitted to her
by her son’s stricken voice, flung open her bedroom door.

Fok a moment the two faced each other, silently.

The woman’s darting eyes took in each detail of the
awful scene. In some strange manner it was not new
to her. Somewhere she had witnessed this scene before.
But where? Then she knew—this was the stuff from
which nightmares are made as Georgia girls, turning tc

womanhoo
be just an
rest.

But in
sweating I
for breath
son. Nor «
the floor f1

The won
etched itse]
open but n:

‘One har
as if to wa
hand, fing
askew.

Then a
little cabin
tigress to t

A rough
heaving je
across the

“Shet up
“I'll jes’ she

Swiftly 1
mind. Sho
she knew wu
regard the
in the Negr

And if sh
identify hi:
Mrs. Pauls
her father,
her, too—a

t him like a
-d wide eyes
ighted door,

arkness, the
at his heels,
3S.

stomach col-
» His chest
his dry and
) pump it up
seemed suf-
t and as hot
nn, stumbling

cabin the
, and it was
But no one
*k one, then
ie stench of
rating force
1e child.
urning con-
ids, twitched

d. Suddenly
vas, and as
ce he began
iousness had
go. “MOTH-

wer. Slowly
ie sickening
idfather and
*, toward his

sobs drifted
as the nine-
; mother to
to him.

en crawling,
vutside door.
death in its

etting help,

i te nna

his natural inclination was to turn to
the spiritual adviser of the family,
the Rev. J. C. Morgan, who lived
nearly three miles away _ across
broken fields and wooded ravines.
It was daylight, Sunday, now, and
for a hundred yards the boy walked

on wobbly legs. His throbbing head, -

weighed down by blood-matted hair,
seemed to twist his injured neck. He
stumbled. Regained his feet. Pushed
on farther. Fainted.

When he opened his eyes again the
sun had set and the chill of an eve-
ning breeze gripped his shaking limbs.
Slowly he retraced his way, crawled
a the cabin threshold and lay
still.

As Monday morning dawned Cecil

felt stronger. After what seemed an
excruciating eternity to him he stag-
gered to the kitchen door of Rever-
end Morgan’s home.
_ Quickly the kindly man took him
in, gave him water, bathed his head.
Then the boy told the story of two
nights and a day of horror.

“Sonny, do you know who done it?”
the preacher asked.

“Yes, I know who done it, suh. It
was Willie.”

“Think hard, son. You have to be
terribly sure. Your word may mean
taking a man’s life.”

“It was Willie Drew Russell,” the
boy cried. “I know it was Willie. An’
some day I’m goin’ to kill that
damn... .”

A white heat of rage swept over
the tiny, wounded mite. He was shak-
ing now as much from anger as from
weakness.

“Revenge is mine’ the Lord said,”
the preacher spoke softly. “And a
right good posse this day can assist
the Lord.” And so saying, he reached
for the telephone.

Word of the brutal murder and rape
ran through the countryside like wild-
fire. Negroes everywhere sought con-
cealment or the protection of their
white folks. Sudden death was in the
air. Revenge rode with the whispering
wind of the Southern night.

In Smyrna, a few miles away, a
knot of men gathered on the main
street corner of the little village.
Others joined them as swarming bees
instinctively gather around the queen.

Wor ran through the colored
section that a lynching party
was forming, and lights went out with
uniform abruptness. Negroes were
afraid to stay in their houses. Afraid
to flee to the woods. Either case might
bring them under the withering blast
of the white men’s wrath.

But there was no violence. The men
knew for whom they searched and
were too fair, at this point, to blame
upon all the race the fiend-work of
the one.

But when Tuesday night came, the
temper of the crowd changed with the
passing of the hours. No clue had been
picked up as to Willie Drew Russell’s
whereabouts.

With common consent the mob .of
whites at Smyrna began “third de-
gree’ methods on the Negroes. Five
were seriously beaten, twelve Negro
homes partially wrecked as the place
was “turned upside down” in search
for the sex-killer. Not a man in that
section felt that his women folks were

SMOULDERING REMAINS—
—of a lynch victim after “Southern justice”
caught up with him.

CRIME DETECTIVE

safe as long as that black beast
roamed the night.

A report came in from Rustin,
Louisiana, that a mob there had
caught and lynched a Negro, W. C.
Williams, who had killed a_ white
man, Bob Blair, 45, and raped the
20-year-old girl who had been his
companion in a parked car. The re-
port told of the terrible revenge of
knives and heated irons before the
final act of lynching choked out the
rapist’s life.

“They know how to handle ’em in
Louisiana,” one of the Smyrna men
muttered.

“Let’s have a lynchin’ here,” an-
other shouted.

“Come on!” and they took up the

cry.

Judge J. H. Hawkins of the Cobb
County Superior Court felt the
changed tenor of the mob spirit and
telephoned Governor Rivers, demand-
ing that National Guardsmen be dis-
patched to the scene at once.

“I don’t want any lynching of in-
nocent Negroes here,” he told the
chief executive of the state, “but un-
less you hurry troops in here, God
is the only one who can _ prevent
bloodshed.” N

“T’ll hurry,” the Governor promised.
But already the flickering flames were
licking the framework of a Negro
school house on the edge of the town.

“My God,” Judge Hawkins breathed
as he saw the glowing red swell up
and tint the low hanging clouds in
the night sky. “I called too late.”

Hurrying to the scene, the judge
sighed with relief when he realized
that only property was destroyed,
that no Hives as yet had been taken
by the mob, which had burned the
school house as a symbol of its out-
raged wrath. The judge mounted the
top of an automobile and tried to
plead with the crowd, told the men to
go home.

“We want a hangin’”’, a shrill voice

interrupted his rational plea for
peace and order.
“Yeah, we want a lynchin’”, another

voice joined in, and the judge’s words
in the bedlam of sound

were lost

which chanted around the burning
school as the chatter of savage voices
had sounded as the ancestors of these
men had danced around a fire, work-
ing up their courage for a raid against
an enemy tribe of cavemen.

Dashing by fast motor from At-
lanta, Adjutant General Jack Stod-
dard preceded the troops of the
Georgia National Guard to the sham-
bles of the once sleepy, peaceful
Smyrna.

Behind him came state police and
deputy sheriffs.

As these reinforcements arrived to
aid the disorganized local forces of
law enforcement, an expensive auto-
mobile, driven by a Negro chauffeur
and containing out-of-state tourists,
entered the town of Smyrna.

.The first intimation this unsuspect-
ing party had of impending tragedy
came as the mob of men surrounded
the car, dragged the chauffeur from
behind the wheel and began to beat
him.

The owner, leaping to the aid of his
employee, was told, in terse and
strident terms, to get back into his
car. As murder was about to be com-
mitted, General Stoddard drove up.

His voice, ringing with authority,
brought silence to the mob. Acting
aggressively, he followed his words
with tear gas bombs. The crowd broke
and fled.

The thoroughly frightened Negro
chauffeur crawled painfully back be-
neath his wheel, tromped hard on the
gas and roared through the narrow
street and out onto the broader high-

way.

Although the prompt action of the
National Guard officer momentarily
checked the lynch-bound mob, the
danger was not over.

Reus ten miles away, the slinking
form of Willie Drew Russell,
three days of frenzied terror etched
into his distorted face, sneaked up to
the police car which was parked be-
side the road. In this car was B. W.
Seabrook, Atlanta police captain, and
J. E. Marler, Cobb County deputy
sheriff.

“Boss man,” the Negro whined, “kin
I tawk wid you?” :

“What do you want, boy?” Captain
Seabrook demanded. “If you know
anything about Willie Russell, start
talking.’

“Yu’all won’t let ’em get me, will
you, boss?” the Negro wailed, sinking
to his knees in the dust beside the
road. “Take me into Atlanta where
they cain’t get me, boss. I done it.”

Captain Seabrook and Deputy Sher-
iff Marler conferred quietly.

“It’s the only safe thing to do, Cap-
tain,” the deputy confessed. “We

couldn’t hold him a minute in Smyrna

... unless we wanted to turn machine
guns on the crowd. And some of the
boys in the mob were raised with me.
I wouldn’t shoot one of ’em to save
this damn nigger from slow torture.”

Word of this quiet capture and
quick confession reached Smyrna as
the mob re-formed to continue its as-
sault upon innocent Negroes.

“We can’t be stopped,” the leader
shouted when he heard the news.
“We'll march right into Atlanta, get
that boy and hang him in front of the
court house!”

“We'll leave pieces of him at every
cross road in all this part of Georgia,”
another bellowed. “Come on, men!”

Surging as one, the crowd stormed
down the street, back to where Gen-

punishment, but it was not long ago
that a series of brutal episodes in mis-
treatment of convicts, came to light
in that state. This was in 1935, when
a Charlotte News reporter, Bill Jones,
uncovered a shocking tale of cruelty
in a state prison camp that led to a
legislative investigation, and the in-
dictment of five former prison offi-
cials, including a prominent doctor.

Perhaps curiously, in view of the
tales of disregard for the rights of
colored people in the South, the vic-
tims of these outrages were both
negroes. They were two 19-year-old
boys, Robert Barnes and oodrow
Shropshire, both short term prisoners
at a camp operated by one Henry
Little. Barnes had been sentenced for
receiving stolen goods, Shropshire for
drunken driving.

Jones discovered the two negroes
in a hospital, where each had had
both feet amputated by the county
physician, Dr. C. S. McLaughlin.
“Gangrene infections” was the answer
received by the reporter when he in-
quired about the amputations, but he
became suspicious.

What he learned from talking with
the two boys was enough to start the
machinery for an expose of prison
conditions in North Carolina. that
rocked the whole state. Barnes and
Shropshire said that their feet had
been frozen as a result of confinement

BALTIMORE WIFE BEATER———
is getting the lash from Warden James
Kingsmore—to pay for his crime.

CRIME DETECTIVE

eral Stoddard and a pitifully small
handful of state police barred the
way.

“Make way, General,” the mob
leader bellowed, “we don’t aim to hurt
you, but we cain’t be stopped.”

But the gang was stopped, for
Colonel T. L. Alexander, in command
of two companies of the 122nd In-
fantry, National Guard, had ap-
proached within a mile of Smyrna.

The two forces drew into battle
lines. On one hand a couple of hun-
dred trained, armed men, represented
law and orderly justice. On the other,
a thousand milling, rage-filled men

‘who wanted to take justice into their

own hands.

The National Guard stood its
ground, ranks firm, officers and men
calm and fearless.

The mob milled forward, disorgan-
ized, poorly led.

A number of Guardsmen, at com-
mand of an officer, stepped forward.
Swiftly they drew gas grenades, flung
them. :

“Forward,” the command crackled
through the night. The Guardsmen
stepped forward smartly. The mob
stood for a moment, paused, retreated
a step, then broke and ran _ helter-
skelter through the night. The mob
was broken. Twenty-eight men were
captured by the Guardsmen, turned

Prmereiora eco enctnnan ene
me ete a 8 eee

48 “4 a

Sine

2 -a=s=p= ro

CONTINUED FROM PAGE 75 __

over to the local police and lodged in
jail on $2500 bail.

1 an Atlanta hospital, tossing in
pain and moaning in the sorrow
that was his, Cecil Pauls fought a
winning battle with death. He would
live, the doctor said, to give the testi-
mony in court which would clinch the
confession of Willie Drew Russell into
a first degree murder verdict.

“Pm going to kill that damn fel-
low,” the injured lad had vowed.

And indirectly, by the strength
which carried him through 36 horror-
filled hours, the youngster was
avenged, as far as orderly justice can
avenge, the wanton slaughter of his
grandfather, and the savage rape and
murder of his innocent and lonely
mother.

And the state of Georgia, through
the prompt and vigorous action of its
officials, checked a blood-mad mob of
outraged men before they could bring
disgrace upon society in the South by
the lynching of one Negro for a crime
committed by another.

Fifty-four days after the vicious
and brutal murders of Mrs. Pauls and
her father, Willie Drew Russell was
pushed into the electric chair at Tatt-
nall Prison, and at 12:09 p.m. on
rs ara 9th, he was _ pronounced

ead.

for ten and twe
unheated solitary
chained in such
could not take t}
cement floors!
Jones wrote
aper backed hir
or an investigati
rogressive of t
orth Carolina t
to correct a situ
prison system o
most backward
The legislativ:
the stories of hu
black and whit
learned was enou
up of the whole d
Many men told o
fists, clubs, whi)
chains. A general
the committee wa
the miscreant in
Another convic
that while doing
the Western part
seen several prisc
inflicted in variou:
he said, were t}
buried in unmar
middle of the nig
to lead them to a
The legislature
and before they «
of prison official
several sent to
time, there have
cases of cruelty tc
Carolina.

OLITARY cont
in the foregoin
of disciplining “ha
oners, is of cou
threat of “doing s
ror into -the hear
hundreds of years.
threat has been ¢
tough prisoner be
it has had even w
men thus punishec
One of the stran
tary confinement a
ishment in recent
George “Jiggs” Los
1937 in the Ohio St
Columbus, after
years of a life sen
and killing a Cleve

At the Ohio Stat«
unique punishment
Christmas was som:
ward to, for even
tentiaries- the inm
meals—turkey or
trimmings, and _ so:
lege or another.

Jiggs Losteiner,
forward to Christm
him it meant twer
hell.

For each Christm
at midnight, the 1
Losteiner’s cell, un
and said, “It’s Christ

Jiggs would look
mean—I gotta go in

The turnkey woul
orders, Jiggs. Ther
change since last ye

Jiggs was a tough }
steel himself, manag
“Okay, copper,” fro:
mouth. Then he wou)
the turnkey to the sn
he spent eighteen Cl
standing up, with
bread and water.
punishment “got”
spend most of every
raving.

“I can see him no

tte al

Net No el rg apt a PSN ales a Spat ante cent GN Spe Pee

Sg a 2,

ee ee ee nee fee Se ae rr ree ter
ger

oo
a ag eg gag

At yl

ee ee ee ee ee

ea Se ete a EBT ee

ae eee 2) eee

DADE NEIGHBOR Wednesday, December 30, 1981

History by Nethery

Cole City escapee last man hanged in Trenton

By BROWNY STEPHENS.

More hangings and lynchings that took

place in Dade County in the 19th century

"were recalled by the late Frank Nethery,

who wrote down his accounts in the 1950s.
Last week we wrote what he recalled about
the lynching of a Negro, charged with
attacking a farmer’s wife, by 12 women.

The hanging took place-at a wagon scale
located just off the Trenton square, to the

northeast.

Next he wrote about a hanging that took

place inan — fieid just west of the jail, in
May i883. T iS 1
Walker. He was ‘‘hanged for killing a man

e man hanged was named

named Hartgarger or Hardbarger, who
lived at South Pittsburg and worked at the
furnace at Rising Fawn. Hartbarger, after
visiting his family, was crossing Sand
Mountain on his return to Rising Fawn

(and) was ambushed by Walker and Treece
for robbery.”’ They “only obtained 35 cents
(maybe $1.35), anyway avery small’
amount,’’ Nethery wrote: “Reece turned
state’s evidence, was given 10 years, and
served time in the penitentiary at Cole City
coal mines.. Walker was sentenced to
death.””

He said a Negro was hanged some-years
later at about the same place where the

Those Psychic insights into 1982

Continued from page 1

whoever — anyone — who-qualifies against

him.

Larry Longshore and Billy Millican,
fearless Northwest Georgia faculty
members,.will undertake to ride their~
bicycles UP the incline at Chattanooga.

State Rep. Cecil Shavers of Scottsboro
will introduce a bill in the Alabama legis-
lature to provide funding for 2a SWAT team
for the Pisgah Police Department: The bill
will provide up to $15 for purchase of
jumbo-size flay swatters for the
department. Shavers will claim his bill will
soive the fly problem which has,.on-
occasions, disrupted daily operations. -

Sometime in mid-summer; a section of:

. E59 will be closed near the Georgia-Ala-

, -_ + bama line as.two large oil drilling rigs are -
_. Set up to drill test weils in the roadway.

* o$ite-F (nflhtiot owes titer ycmmewt ll ftall

The Chavies bridge will be dismantled in
_ June and.trucked, piece by piece to Mont-

-.=4* gomery for reconditioning; Hopefully, it
oo? WH Det returned and reasse diniate-
oo Madant Charmin precicte:thatthe rapid”

fy?

SE eee tae ‘ na wake:

“e

_ Retade will begimotferings mall order. -

S Sesee Siac? Howie Paddecn Ups id=-Down

- Boats”
A weekly newspaper in tle area will
announce tt ts closing down, which will

+ \ore, .. rey x -
SHED mise a int; ? fol & ushy rt Ln}

Aotea
eee Tet

that the holiday will fall on Monday like-
most other holidays.

Women will finally be allowed to smoke
in public places in Higdon.

The exact location of the notorious but
elusive ‘‘pot’’ farm near Flat Rock wiil be
reveaied after a group of newsmen stumble
into the location. More than 500 good
quality earthen flower pots will be seized.

Mountain feotbail may get more con-
fusing in 1982. The annual grudge baitle
between Plainview and Fyffe is an example.
Madam Charmin says Plainview will deteat
Fyffe, unless the game is played on Red
Devil soil .. in which case Fyffe will win
unless it is a Friday night game. Then the
outcome will be a little uncertainand could

-endina tie. But other factorscouldin- ~
fluence the game so that Plainview could
win at Fyffe, or Fyffe at Plainview, or vice
versa, and Plainview or Fyffe, but not both,
will probably be the winner at the Bears
stadium.And Madam Charmin would not
venture a point spread:

Despite rumors to the contrary, Gene
Sattram will NOT seil Hazel during his
farniture.company cioseout, but it’s
rumored that Hasebmay include Gene in a

~ ftislcloee-cuteaie: aa
eee op- David Sinat and. Dek sit Com-
-@issione: fon Soarks «oil Pinal'g aores on

something: never to agree in public again.
Horace Builer of Downtown Moore's

Crossroads wili hold a **Be kind to Sheila

Ledford Day ° with a new wardroh« of

ver '

go duck hunting, and Tuck Chisenail will go
coor hunting. Ue cs

Gay Thornhill will grow a beard. Dian
Sutton will run for public office: W.C.
Buttram will be the National Buck Dancing
championship. Houston Graben will stop
smoking cigars. And Polly Gant will try ber
hand at something new, plaving ona
womens softball team.

The proposed Murphy Hill Coal
Gasification plant will be cut down in size
even further. It will be decided to build it on
the:back of a large diesel truck and carted
around the mountain and directly to the
coal mines on Sand Mountain. It is

.estimated this will save up to 50% on the

cost of transporting coal.
~ Nothing especially significant will
happen on Pea Ridge during 1982..

A well known radio disc juckey in Scotts-
boro will be fired after playing Johnny
Paycheck’s ‘‘Take This Job and Shove It’”
1S times in one-hour. He will be told, in
effect to “‘shove off’’.

And when Madam Charmin finished her
enlightenment, she turned, flushed her
crystal commode and strode away.

Se al eI ee ts: RE citing, SB LL

9)
-usd], 72 peduey

CuOsumHINY uyor

Walker gailows stowa,
: Nethery orate “While recording
angings, I will re ‘3 ae Pe
Rutherford, ici ety ee
east corner of the Tran% Ni square, and ofFc
the road that leads ayes Mill .
“Rutherford was saeviie time in the
ganized eit “ on Apres
the gun room at the< and ed eaune
of the pentitentiagy: seited puns ant
necee fire, killing® may and wounding

Walker was “‘ree@ptrsd, tried and sen-

. tenced to hang. Asi SSember. this was

the last hanging Dae ras Rag The first:
one was a Negro womaag, asi ae f Mr
Gross, who then lived iw eRe sta jog hous.
one mile north of Treseay on the Main
Valley Highway (MAVD2 1 should have Sai.
ditch). This Negro ™.~aan killed herown
child, she said, to peewee it from growing
up and becoming a Save “i Mr. Gross. Thic
woman was legally te@ and sentenced to
death... (and). . . way Ranged from
gallows on the proocety wt 7a chariah
O'Neal, west of dis tiqe road a short
distance.”’

To be continued

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Donn na §

‘ites Sicormans oa »member of the. famous.
Pop Stoneman Family of countrymusic, isa»
regular columnist printed exclusively in -
The Dade Neighbor and The Neighborhood
News. She invites letters from her readers.
Send-ta: Donna Stoneman.Ministries Inc.,
PO Box 515, Antioch, TN 37013.)

It looks like work

WHILE STAYING at Ruth Wooten’s at
Rosalie last month (Dec. 19-22)Tlearned a
jot —like, never to try to put together a
newspaper in the basement of my home.

Those:crazy people went to work right
after. the Saturday Christmas party, dinner
and gift giving:

By'the way; | camevout ahead there:

received lots of things, while I only brought

myself. Yourcan’t beat that.

On Sunday afternoon, after:my church
service at Unity Baptist Church near Hen-
agar, there began a fast hard week of work,
packed into two days.

They tried so hard to involve me in their
work schemes, like letting me proof copy.
But I worked even harder to stay clear of it.

It went something like this: ‘‘Susan, did
you pick up that ad? Roger is over in
Trenton covering a story. Then he’ll have to
come back by such-and-such place to get
ads and take pictures.

**A Mrs. Clowerbeli called and wants me
to cover a story Sunday afternoon, but I
already have:to be somewhere else at the
same time on another story.”

Meanwhile, back down in the basement,
Browny Stephens was typing away at news
stories, or.in the darkroom printing pic-
tures. And then he would run up the stairs,
and back down, cailing out, ‘“‘Ruth, you and
Susan and Donna had better get your
columns written because this is the last
calll’” Then out he’d go to pick up film or
getthe-mail or whatever.

Ruth called out from the telephone,

“Lee, Susan is stranded down at
Ta-Co-Bet. The ice on the road has the
highway biocked. Can you go get her?”

That was during that unexpected sleet
and frozen rain storm that.caused me to

deiay my trip back home. Ruth had already
toid me about Her experiences that

ee ~~ ‘ ob | to
ee
ce mea tea
e * ~

of Wednesday-J C

ary: oad 1982”

THIS BUILDING on the northeast corner of -

the Trenton square was probably built
before the Civil War, Nethery wrote, and
was the store of T.H.P. Cole for mene years

Was Sherman's porns

inspired at

By BROWNY STEPHENS i
(This is another ina series: of articies based
on history of Trenton-and Dade County, as
written down by the late Frank Nethery in —
the 1950s. He attempted to recail how
Trenton was in the 1870s and 1880s. Frank
Nethery, son of Mr. and Mrs. William F.
Nethery, was born in Trentomin 1872 and
had a keen mind and a sharp memory for
dates and names even in his 80s.}

Some landmarks of early Dade County
history still stand today. One oi them is the
courthouse in the middle of the square.
Another is the 2-story frame building on the
northesst corner which now houses Jirein-

esa <iate-Florist and Prentoer Ber’

in the late 19th century.. At one time the
_second floor was used as a dance hall and.
skating rink. Photo by Roger Bouldin

Trenton: oO

érStop-
Nethery referred to both of these buildings
in his accounts of Trenton as he
remembered it as'a child. He wrote:

“The Federal Army on entering Trenton.
burned the courthouse and maybe Sherman
got the idea to use the torch on his march
through Georgia ta the sea from this
procedure.

‘*fn 1869: anew brick courthouse was
built. These numerals (1869) appear on the
front near the eaves of the roof. My father
told me-that a man named Mack Young
supervised the making and laying of brick.

is
weet oom eR TI etes AB

—

Comin’ round the mountain:

~ By Jack D- Kalbson

Police-cooperation’
is: showing: results

Our tri-state upper mountain area has
worked to the advantage of criminals over.
the years. The area is splitup.by.so many
police jurisdictions among Alabama,.Geor-
gia and Tennessee, that those bent on«:
stealing or any mischief havefound it easy
to run across the state line.into one.of the.
other two states, discouraging pursuit and.
making more difficult the return to the
place where the crime was committed.

Sheriff’s departments.of Dade County;
GA, Jackson and DeKalb County, AL, and
Marion and Hamilton County, TN, are
sometimes invoived in trying to catch
suspects in our area. Andof course the
state police and bureaus of investigation of
the three states are sometimes cailed. [it
makes it hard because one has to contact
the other to get cooperation on things when
someone flees acrass the iine..

But lately there has been a great deal of
more cooperation between the interstate
police that have resulted in arrests. This is
especiaily true of the sheriffs departments
of Dade, Jackson and DeKalb counties...

Last week we reported on how four men
were captured in a barn near Higdon, AL in.
a followup of a robbery of a Shop-N-Shop
store in Trenton. This area is close to the
DeKalb and Dade {Georgia} lines, so ail
_ three departments moved together.

What-they got was notonly four suspects
in the robbery, but also about 400 pounds of
that idiot’s delight. pot, grass, or-
marijuana,.whatever you want to call it.
Four Georgia men were captured and taken
to the Jackson County jail in Scottsboro,
held on $10,000 bonds each. They are: Cart
Allen Westmoreland, 22, of Rock Spring;
Gary Lee Chastain, 22, of Chickamauga;
Stoney Lee Holiey, 18, of Trenton; and
Chester DeWayne Clark, 24, of Rock
Spring.

Besides the pot, deputies found a large
sum of money and a shotgun. [he store
robbery had resulted in about $1.500 taxen.

The **Flat Rock area’’ has been in the
news a lot during the past 3 or 4 months in

Continued an pure 7

i NE ak ty,

but if dhe Yrogt (ited Coigaiar
LAL (enter an Ulf £ Oa,

77 A COLAd fRiiLAliae

Sn td lenin

ee Mr

744 9 Ga.

on the day following the date fixed as the
date of the crime, the accused purchased
an automobile from him, paying over $1,900
in $100 bills, and “displayed other large
sums of money, which further tended to
cérroborate his statement giving his mo-
tive for the crime.

Judgment affirmed. All the Justices con-
cur,

EY RUMBER SYSTEM

°
4ams
Lal

HOARD et al. v. MADDOX.
No. 15777.

Supreme Court.of Georgia.
May 16, 1947.

1. Fraudulent conveyances @=309(8)

In a claim case involving the bona
fides of a deed, instruction that transac-
tions between near relatives are scruti-
nized closely and slight evidence of fraud
shown between them may be sufficient to
set transaction aside was erroneous as am-
biguous, in absence of qualification that
rule does not apply unless there is proof
otherwise suggesting fraud.

2. Fraudulent conveyances €=278(1)

Proof of near relationship between
parties to deed conveying land levied upon,
other than that of a husband and wife,
without more carries no presumption of
fraudulent intent.

3. Fraudulent conveyances €=309(8)

Where conveyance was by corporate
judgment debtor to nephew of the presi-
dent and sole stockholder of corporation,
instruction that, if there was proof other-
wise suggesting fraud, transactions be-
tween near relatives are to be scrutinized
closely and slight evidence of fraud shown
between them may be sufficient to set
transaction aside, was authorized.

4. Corporations C523

Instruction in claim proceeding after
execution relative to a voluntary convey-
ance by an insolvent corporate debtor, was
not made inapplicable by evidence that
purchasers. paid $6,000 to president and

42 SOUTH EASTERN REPORTER, 2d SERIES

sole stockholder of corporation individ-
ually for his individual deed, which money
was never turned over to corporation, and
that purchasers subsequently received a
deed from corporation reciting a consid-
eration of $1, on theory that. conveyance
from a corporation to claimant-purchasers
was supported by valuable consideration.
Code, § 28-201, subd. 3.

5. Corporations 523

Evidence of a sale by corporation of
its only asset for $1 and that it never re-
ceived any of the alleged $6,000 consid-
eration under attempted previous sale by
sole stockholder, in connection with posi-
tive evidence that corporation was insol-
vent at time of judgment against it sub-
sequent to sale, was sufficient to present
a question of fact as to solvency of cor-
poration at time when sale was consum-
mated so as to warrant a charge relative
to a voluntary conveyance by an insolvent
debtor. Code, § 28-201, subd. 3,

6. Trial €=193(2)

Portion of charge defining and giving
legal effect of a voluntary conveyance was
not error on ground that it amounted to
an expression of opinion that deed under
attack was in fact a voluntary conveyance.

7. Appeal and error €=1050(2)

Under the rule that every person has
right to try his case with its issues clear
and well defined and statute requiring ex-
clusion of irrelevant matter, a reversal is
authorized where irrelevant evidence which
would reasonably tend to prejudice jury
against rights of a litigant has been admit-
ted. Code, § 38-201.

8. Evidence €=208(2)
Fraudulent conveyances €=291(1)

Where sole. issue raised was whether
deed under which claimants in fi. fa. based
their title was invalid as against creditors,
documentary evidence that claimants had
attempted to vouch into court a previous
grantor to the same property to show the
real consideration for the second deed ac-
tually under attack, was inadmissible as
irrelevant and as not constituting an ad
mission by the claimants against interes
with respect to the issue involved in the
claim case, notwithstanding that previous
deed contained a warranty of title and

HOARD v. MADDOX Ga eg
Cite as 42 S.E.2d 744

had been introduced in evidence by claim-
ants.

9. Appeal and error €>1050(2)

On trial of a claim interposed to a
levy of execution, admitting wholly irrele-
vant documentary evidence was reversible
error, where it might reasonably have
prejudiced claimants’ rights by interject-
ing question whether they might be pro-
tected against loss notwithstanding a ver-
dict against them finding the property sub-
ject to levy.

10. Parties €=55

On trial of a claim to property, the
remedy as to avouchment concerns only
the voucher and vouchee, and, if the
vouchee refuses to come into court to de-
fend the suit, he cannot be said to be a
party therein.

—_——__—

Error from Superior Court, Butts Coun-
ty; G. Ogden Persons, Judge.

Proceedings after judgment in the ac-
tion of Irene Bankston Maddox against
Indian Springs Swimming Pool Corpora-
tion and others for wrongful death, where-
in Dan Hoard and Elbert Mullis inter-
posed a claim to property upon which
plaintiff levied execution. A verdict was
returned in favor of plaintiff in fi. fa., and,
to review an order overruling claimants’
amended motion for new trial, claimants
bring error.

Reversed.

Statement of facts by JENKINS, Chief
Justice:

_ Mrs. Maddox obtained a judgment against
Indian Springs Swimming Pool Corpora-
tion for $5000, as the result of the. tor-
tious death of her minor child, which judg-
ment was affirmed by the Court ‘of Ap-
Peals, Indian Springs Swimming Pool
Corporation v. Maddox, 70 Ga.App. 842,
29 S.E.2d 724. Execution was levied upon
a certain parcel of land containing the
Indian Springs Swimming Pool and other
‘mprovements. At the time of levy the
Property was in possession of Dan Hoard
and Elbert Mullis, his brother-in-law, who
held the property jointly under a deed
from the defendant corporation, of which
E. D. Hoard, uncle of Dan Hoard, was

42 S.E.2d—474

president and sole stockholder. These
persons interposed a claim to the property.
On the trial of the claim, the deed from
the defendant corporation to the claimants
was attacked as being made with intent to
hinder, delay, or defraud creditors, and
also upon the ground that it was a volun-
tary conveyance from an insolvent cred-
itor. The evidence shows that title to the
property levied upon was originally in In-
dian Springs Swimming Pool Corporation,
which, so far as the record discloses, was
its only asset, At a time when the suit
for the tortious death of the child was
pending against E. D. Hoard, individually,
and against the corporation, the claimants
obtained a deed to the property from E. D.
Hoard, individually, without having ex-
amined the recorded title, for a reputed
consideration of $6000, which Dan Hoard
and another witness testified had been paid
in currency. The evidence further dis-
closes that, approximately one year later,
but before judgment against the corpora-
tion, the claimants procured a second deed
to the same property, but this time from
E. D. Hoard as president and sole stock-
holder of the defendant corporation, for
an expressed consideration of $1. It was
further shown by the administrator of the
E. D. Hoard estate that he had been un-
able to find any assets belonging to the de-
fendant corporation, and that the $6000
consideration of the first deed from E. D.
Hoard individually had been applied by
E. D. Hoard to the payment of personal
obligations, and none of it had ever been
received by the corporation. The jury re-
turned a verdict in favor of the plaintiff
in fi. fa. Exceptions are to the order of
the trial court overruling the claimants’
amended motion for new trial, based upon
the usual general grounds, and _ several
special grounds one of which assigns error
on the admission of certain documentary
evidence, while the other grounds attack
various portions of the charge.

W. E. Watkins, of Jackson, and George
C. Grant and Martin, Martin & Snow, all
of Macon, for plaintiffs in error.

Ellis B. Barrett, A. Walton Nall, and
Andrews & Nall, all of Atlanta, for de-
fendant in error,

eal ar gph Pie.

i ei obey

ttw ae

rittnan

742 Ga. 42 SOUTH EASTERN REPORTER, 2d SERIES

so passed shall be published in the manner
therein pointed out.
lows: ‘Be it further-enacted by the author-
ity aforesaid, that after said order has been
so passed and published, and after the ex-
piration of the time for intervening, as
fixed by the order, all parties interested in

said assets shall be forever barred from

intervening in the case.’ By the terms of
section 2 the tax collector was barred, since
it declares that ‘all parties interested in
said assets shall be forever barred from
intervening in the case.’ Neither the fact
that all parties and intervenors might be
chargeable, as a matter of law with notice
that the taxes had not been paid, nor that
taxes are under our laws of the highest
dignity, obviated the necessity of the filing
of an intervention as required by the stat-
ute. Nor does the fact that the tax collector
‘was not an actual party to the record take
him out of the class of ‘parties interested’

‘in the assets, so as to make the provisions

inapplicable to him.”

{3] We think that the ruling made in

It follows that the trial court committed

Section 2 is as fol- error in allowing the intervention.

Judgment reversed.
All the Justices concur, except ATKIN-

SON, J., who dissents.

REDDICK v. STATE.
No. 15815.

Supreme Court of Georgia,
May 13, 1947.
{. Criminal law ©=535(2)

Although a confession alone, uncor-
roborated by any other evidence, does not
justify a conviction, proof of the corpus
delicti is sufficient corroboration of a free
and voluntary confession, Code § 38-420.

2. Homicide €=228(1)
The essential elements in proof of

the Suttles case is controlling in the instant “corpus delicti” in a case of homicide are
case. The claim filed, by way of interven- 1,1 the person alleged in the indictment to
ing on the part of the defendant in error, je been killed is actually dead, and that
on February 3, 1943, was based upon com- 1, death was caused or accomplished by

mon stock held by her. This claim had
been recognized and paid. The claim that
she filed on February 11, 1947, was based
upon preferred stock owned by her; and
we think that it was an entirely new claim,
in no way connected with the first claim,
and could not be tacked on by way of
amendment to a claim based upon common
stock, which had been terminated by being
paid. Moreover, we think that it makes
no difference whether the second claim be
considered as an amendment to the first
claim or as a new and independent claim.
The very purpose of the act of 1939, supra,
was to fix a date certain when an estate
being administered by an officer of the
court, such as the estate was in the instant
case, can be finally closed, rights fixed, and
distribution of the assets made. If claims
are to be recognized, either by way of
amended claims or as new claims, after the
date fixed in accordance with the pro-
visions of the act, the very purpose of the
law would be defeated.

violence or other direct criminal agency of
some other human being.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Corpus Delicti”.

3. Homicide €=228(2) ;
Where a dead body is found with in-
juries apparently sufficient to cause death,
under circumstances which exclude an 1n-
ference of accident or suicide, the criminal

agency is sufficiently shown, as regards -

proof of corpus delicti.

4. Homicide €=250

Evidence, including proof of the cor-
pus delicti and defendants’ voluntary con-
fession, supported conviction of murder.

pigs

Error from Superior Court, Bibb Coun-
ty; A. M. Anderson, Judge.

HH. L. Reddick was convicted of murder,
and he brings error.

Affirmed.

REDDICK y. STATE - Gal 74g

Cite as 42 S.E.2d 742

J. Millard Jackson, of Macon, and W.
S. Mann, of McRae, for plaintiff in error.

Chas. H. Garrett, Sol. Gen., of Macon,
M. H. Boyer, Sol. Gen., of Hawkinsville,
Eugene Cook, Atty, Gen. and Margaret
Hartson, of Atlanta, for defendant in er-
ror,

Syllabus Opinion by the Court.

JENKINS, Chief Justice.

The defendant was indicted for murder.
He freely and voluntarily confessed to
several witnesses commission of the crime
for which he was indicted: On the trial
he offered no evidence and made no state-
ment, and was found guilty without recom-
mendation. Exception is to the order over-
tuling a motion for new trial. No special
assignments of error are made, and coun-
sel insist only upon a review of the case
on the usual general grounds. Held:

[1] 1. “A confession alone, uncor-
roborated by any other evidence, shall not
justify a conviction.” Code, § 38-420.

(a) However, proof of the corpus de-
licti_ is sufficient corroboration of a free
and voluntary confession. Wimberly vy.
State, 105 Ga. 188, 31 S.E. 162; Holsen-
bake v. State, 45 Ga. 43; Daniel v. State,
63 Ga. 339; Paul v. State, 65 Ga, 152;
Williams v. State, 69 Ga. 11, 14; Schaefer
v. State, 93 Ga. 177, 18 S.E. 552.

[2] (b) The essential elements in the
Proof of the corpus delicti in a case of
homicide are: that the person alleged in
the indictment to have been killed is ac-
tually dead; and that-his death was caused
or accomplished by violence, or other direct
criminal agency of some other human be-
ing. Warren v. State, 153 Ga. 354, 361,
112 S.E. 283; Graham vy. State, 183. Ga.
881, 886, 189 S.E. 910; 1 Whar. Cr. L.
(llth Ed.) § 347.

[3] (c) Where a dead body is found
With injuries apparently sufficient to cause
death, under circumstances which exclude
an inference of accident or suicide, the
criminal agency is sufficiently shown,
Thomas y. State, 67 Ga. 460(6); Lang-
ston v. State, 151 Ga. 388, 390, 391, 106 S.
E. 903; Taylor v. State, 155 Ga. 785, 794,
118 S.E. 675; Sligh v. State, 171 Ga. 92,
93(3), 154 S.E, 799; Graham vy, State, 183

Ga. 881, 886, 189 S.E, 910; Pulliam v.
State, 196 Ga. 782, 786(1), 28 S.E.2d 139.

[4] 2. Under the foregoing principles
—where the body of a deceased was found
about. 150 yards from a paved highway,
lying 10 or 12 feet from a truck loaded
with peaches, with the back of the skull
crushed, and there were indications that
the throat had been cut, and evidence of
several stab wounds in the back, and blood
was found on the inside of the truck oppo-
site the driver’s seat, and a suitcase near
the body with clothing scattered around,
and a bloody hat with holes in it corre-
sponding to holes made in the skull was ly-
ing by the body; and where the body, al-
though badly mutilated by animals, was
identified through personal papers found in
the clothing in the form of letters and a
driver’s license, together with positive
identification by the deceased’s children of
a ring and dentures—such evidence was
sufficient to prove the corpus delicti, inde-
pendently of the confession of the accused,
which proof together with the confession,
freely and voluntarily made, describing the
manner of the homicide and the circum-
‘stances surrounding it and giving the mo-
tive therefor, and identifying the accused
as the perpetrator of the crime, was sufti-
cient to authorize conviction. In addition
to this, it may be said, without detailing
the gruesome particulars of the confession,
that such confession was further corrobo-
rated by additional and highly indicative
circutistantial evidence—such as the physi-
cal evidence as to the wounds on the body,
blood in the truck, and other circumstances
indicating the manner in which the crime
was committed, which circumstances were
precisely in accord with the statement of
the accused as to how he committed the
crime; an empty money belt was found
where the accused said that he had thrown
it; and a heavy wrench, said by. the ac-
cused to have been the instrument with
which the head wounds were inflicted, was
found nearby. The fact that the truck was
loaded with peaches, and that a Dill for
truck repairs, indicating the route taken,
was found on the body of the deceased, al-
so corroborated the statement of the ac-
cused as to the purpose of the trip and the
routes taken; and a witness testified that,

~
4a

692 Ga.

Therefore that portion of the verdict asses-
sing attorney’s fees against the defendant
was unauthorized; and the judgment is
affirmed on condition that the plaintiff
write off from the verdict and judgment
$500, the amount returned for attorney’s
fees; otherwise the judgment is reversed.
The plaintiff in error having obtained a
substantial modification in the judgment of
the lower court, the costs of this writ of
error are taxed against the defendant in
error. Anderson v. Beasley, 169 Ga. 720,
151 S.E. 360, and cit.

[5] 3. The evidence was sufficient to
support the finding that the plaintiff was
totally disabled.

Judgment affirmed on condition.

All the Justices concur, except REID,
C. J., who dissents.

w
© & KEY NUMBER SYSTEM,
T

REED vy. STATE.
No. 14508.

Supreme Court of Georgia.
May 6, 1943.

{. Criminal law C921

Admission of evidence over objection
will not require new trial when substantially
the same evidence is admitted without ob-
jection.

2. Criminal law C1169(2)

In murder prosecution, permitting wit-
ness who had been shot by accused in the
same transaction to testify how long he
was kept in hospital was not prejudicial
where witness had testified without objec-
tion, and had been cross-examined for ac-
cused, about the wound.

3. Criminal law C>429(1)

In prosecution for murder of city po-
liceman, ordinance defining disorderly con-
duct was admissible to show policeman’s au-

thority to arrest accused, though not plead-
ed.
4. Municipal corporations C=594(2)

An ordinance prohibiting disorderly

conduct, described as acting in a “violent,
turbulent, botsterous, indecent, or dis-

25 SOUTH EASTERN REPORTER, 2d SERIES

orderly manner,” was not too indefinite and
uncertain to be enforced.

5. Homicide €>182

In prosecution for murder of city po-
liceman, evidence warranted admission of
ordinance prohibiting disorderly conduct to
show policeman’s authority to arrest ac-
cused.

6. Homicide €=309(1)

In murder prosecution, instruction on
mutual combat was not erroneous as placing
upon accused the burden of proving any
fact necessary to constitute mutual combat.

7. Homicide €=340(1)

In murder prosecution, alleged error
in instruction on mutual combat in re-
quiring proof that both parties drew wea-
pons or struck blows, was not prejudicial
where accused’s evidence showed that both
parties had weapons and struck blows.

8. Homicide €=309(1)

Where court charged the general law
on voluntary manslaughter and then the law
of mutual combat as related to voluntary
manslaughter, portion of the latter charge
seeking to summarize and explain circum-
stances under which accused could be found
guilty of voluntary manslaughter was not
erroneous.

9. Arrest €=63(3)

The rule that officer may arrest for
a crime committed in his presence is sub-
ject to exception where officer does not
act when he sees the crime committed but
delays and seeks to arrest after having
ample time and opportunity to procure a
warrant. Code, § 27-207.

10. Arrest €>63(3)
Where a crime is committed in officer’s
presence, it is not only his right but his

duty to arrest without warrant. Code, §
27-207.

{1. Homicide <=309(6)

In prosecution for murder of police-
man, evidence did not authorize charge that
officer may not arrest without warrant for
crime committed in officer’s presence if
officer had time and opportunity since com-
mission of offense to procure a warrant.

Code, § 27-207.

12, Weapons C>17(4)

In prosecution for carrying pistol with-
out license, the state makes out a “prima
facie case” on proof that accused had a

REED vy. STATE Ga. 693

25 S.E.2d 692

pistol in his manual possession outside of
his home or place of business, and accused
must then establish lawful possession. Code,
§ 26-5103.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Prima Facie Case”.

13. Arrest ©=63(3)

Possession of a pistol in officer’s pres-
ence determines officer’s right to arrest,
even though upon trial of prosecution for
lawful possession of pistol, accused might
present a legal defense.

14. Homicide €=309(1!)

In prosecution for murder of police-
man attempting to arrest accused, court did
not err in failing to charge that ac-
cused’s possession of pistol, if merely tem-
porary or suddenly acquired for immedi-
ate self-defense, would have been lawful as
affecting legality of arrest.

15. Criminal law €=824(4)

In prosecution for murder of policeman
attempting to arrest accused, if accused
felt that he was entitled to instruction upon
circumstances that would authorize deter-
mination that possession of pistol by ac-
cused was legal as affecting policeman’s
right to arrest, proper request therefor
should have been made.

16. Criminal law €=829(21)

In prosecution for murder of police-
man, where court charged on degree of
offense as voluntary manslaughter if
policeman’s attempt to arrest accused cre-
ated heat of passion, failure to charge with-
out request on voluntary manslaughter if
officer was attempting arrest was not error.

17. Homicide €=282

In prosecution for murder of officer at-
tempting to arrest accused, evidence made
jury question on issue of grade of homicide.

18. Criminal law C1160

The Supreme Court cannot grant new
trial and set aside verdict, even though dis-
agreeing with jury’s application of the
facts, where there is sufficient legal evi-
-dence to support the verdict and it has been
approved by trial judge.

Syllabus by the Court.

1. (a) It isa general rule of practice,
based upon sound principle, that the ad-
mission of evidence over a party’s ob-
jection will in no event require the grant of

a new trial when substantially the same evi-
dence is admitted without objection.

(b) Where a witness had been shot by
accused in the same transaction for which
accused was being tried for killing an-
other, it was not error to permit the wit-
ness to testify that his wounds had been
treated at a hospital.

2. Where a military policeman has
lawful custody of a soldicr under arrest for
violation of military orders, and the soldier
is violently and turbulently resisting the
arrest, and where several civilians have gone
to the assistance of the military policeman,
and are engaged in a tussel with the soldier
prisoner, who is down on top of the military
policeman, and under such circumstances,
a city policeman comes to the place and at-
tempts to arrest the soldier, and is killed by
the soldier, it is proper for the State to
introduce in evidence the city ordinance de-
fining “disorderly conduct,” as illustrating
the legality of the arrest, or attempt to
arrest, by the city policeman.

3. Inthe charge of the court upon the
law of mutual combat as related to the law
of voluntary manslaughter:

(a) There was nothing in the charge
that would place the burden on accused to
prove any fact necessary to constitute mu-
tual combat.

(b) If the charge contained require-
ments to constitute mutual combat that
should ordinarily not be included in its
definition, still in the instant case the charge
was adjusted to the evidence of the ac-
cused, and could not have been injurious to
his case.

(c) Where the court charged the gen-
eral law on voluntary manslaughter as con-
tained in the Code, § 26-1007, and immedi-
ately followed this with a charge on the law
of mutual combat as related to voluntary
manslaughter, there was no error in that
portion of the charge which sought to sum-
marize and explain the circumstances under
which the jury could find the accused guilty
of voluntary manslaughter.

4. Where a municipal ordinance or a
State law has been violated in the presence
of a municipal police officer, it is not only
the right but the duty of the officer to im-
mediately make an arrest of the violator;
and under such circumstances it is not nec-
essary, in order to establish the legality of
the arrest, to show that the officer did not
have the time and opportunity to procure
a warrant.

"ENét ©6t “tmp (Aqume9 qqta) ds *eD *oeTe ‘gz “yorTq “HOeTG “punupy “Camu
: If

an Seo Si i Se i oi ale AE oe

Pre eter EES.

ite So ir I nt Aaa Sa

mee Bt ot

G94 Ga.

5. Ina trial for the homicide of a city
policeman growing out of an attempted ar-
rest where the accused was in possession of
a pistol on a public street of a city, and
where the court charged the jury that the
arrest would be legal if accused was in
violation of the Code, § 26-5103, making it
unlawful to have and carry about his person
a pistol, in the absence of a proper request
it was not error to omit to charge, in ad-

pistol would have been lawful if the pos-
session was merely temporary, or if the
possession was suddenly acquired for im-
mediate self-defense.

6. Where an exception to the charge
complains that the court did not give a cer-
tain specific charge to the jury, without re-
quest, and where the principle of law re-
ferred to was fully covered under the
charge of the court, such exception is with-
out merit.

7. This court, being a court for the
correction of errors of law, it is not the
province nor within the power of this court
to grant a new trial and set aside a verdict
of the jury, even though we should disagree
with its application of the facts, where there
is sufficient legal evidence to support the
verdict and it has received the approval of
the trial judge.

———_—_——

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

Edmund Reed was convicted of murder,
and he brings error.

Affirmed.

Edmund Reed was convicted of murder,
and was sentenced to electrocution. The
killing occurred on Broadway Street in
Macon, about 9:45 p. m., and the person
killed was J. G. Favors, a policeman of said
city.

Before any trouble started, the accused
was in Jack’s place. The accused was a
soldier stationed at Camp Benning, who had
procured a three-day leave of absence to
visit Columbus, Georgia, but who had vio-
lated his leave by going to Macon, and by
remaining away from his camp about ten
days beyond the time granted therein. He
had on his uniform, but was wearing a
necktie and a belt that were not according
to military regulations. It was admitted
upon the trial the military policeman had
a right to make the arrest, and that the
arrest was Iegal.

25 SOUTH EASTERN REPORTER, 2d SERIES

Sergeant Marvin Whitmire, a military
policeman on duty in that part of the city,
saw the accused and asked him where he
was stationed. After he told the policeman
that he was stationed at Camp Benning, the
policeman inquired about his authority to
be away from his camp. The accused was
unable to produce his authority for being
absent from his camp, and was then arrested
on the basis of orders issued by the military
authority. At the time of this arrest the
deceased, J. G. Favors, who was a city
policeman, and who worked with this mili-
tary policeman, was present and heard the
transaction between the two soldiers. The
military policeman arrested the accused, and
took him across the street to the bus station,
and then asked the deceased, who accom-
panied them, to go into the bus station and
call the military police wagon, which was
stationed at the city hall.

The deceased went off to call the wagon;
and after he left, and while the military
policeman was holding the accused in the
belt, the accused resisted arrest, struck the
military policeman, and they both went
down on. the pavement in a tussle. They
went down between two automobiles parked
along the curb. Immediately several by-
standers went to the aid of the military
policeman, and pulled off the accused. As
to what took place when they were down
(quoting the testimony of the military
policeman): “Private Reed ‘[the accused]
took my pistol. He got my pistol. We were
down on the ground there, and the bus
drivers assisting me, and they pulled him off
of me. That is when he grabbed my gun.
THe was on me when he took the gun. I
felt him taking the gun. I felt him pull
the gun out of my holster. I was on my
stomach. I was flat on the pavement, kind
of on the left side. I could not see him.
* * * The next thing that happened, the
bus drivers came in to assist me and pulled
him off of me, and just as they got him off
I jumped up and went in there to get my
pistol, and he shot me and then shot Mr.
Favors [the deceased, who had returned
from using the telephone]. * * * At
the time I was shot I was trying to get my
gun from Private Reed [the accused],
* * * As TI reached to get the gun away
from him, he shot.”

Upon the return of Officer Favors (the
deceased) from where he had gone to use the
telephone, the accused, the military police-
man, and the bystanders who had gone to
the aid of the military policeman, wer¢

PITA 8

REED v. STATE Ga. 695
25 S.K.2d 692

just getting up from the ground. The de-
ceased rushed to where the struggle was in
progress. Immediately upon reaching the
scene of the struggle the deceased struck
the accused with a blackjack, and the ac-
cused shot the military policeman, and shot
the deceased, who died on the same night.

The exact details of what took place
after the deceased reached the place of the
trouble cannot be definitely stated, as the
witnesses vary in their testimony. W. G.
Reynolds testified: “When the civilian po-
liceman [deceased] came up * * he
said, ‘Fellows, turn him loose, I will help
him’ * * * [At that time] a couple of
bus drivers had hold of him. * * * Thad
my hand kind of on his shoulder. * * *
When * * * [deceased] told them to
turn him loose, he caught hold of him and
he tried to wring loose from him. * * *
[When] the civilian policeman told the two
civilian bus drivers to turn him loose, and
said, ‘I will help the other officer, ieee iaied
the civilian policeman had taken hold of
him then, and he tried to wring loose from
the civilian policeman, and the civilian po-
liceman tapped him with the blackjack.
When he tapped him, the pistol went to
shooting.”

Horace Foster, a witness for the accused,
testified: “Mr. Crusselle and I were stand-
ing there, * * * and he said, ‘Come and
lets help the military policeman.’ * * *
THe grabbed [the accused] and he tried to
pull him off of the military policeman.
* * * We pulled him up. * * * We
got him up enough where [the military
policeman] could get out from under him.
* * * He never did straighten up before
he was shot. *. * * When Mr. Favors
* * * came up [he] said, ‘Boys, let me
have him. * * * Reed [accused] was
raising up at the time he was hit, * *..*
It never seemed to phase him. * * *
He was hit both times before the shot was
fired. * * * Whitmire [the military
policeman] was still struggling with him
when Mr. Favors [deceased] came up.
* * * Mr. Favors hit him with the black-
jack on the back of the head one time and
may be twice. * * * Then he shot Whit-
mire and turned and shot Mr. Favors.”

Bill Crusselle, a witness for the accused,
testified: “He [Mr. Favors] run over there
and * * * told us twice to turn him
loose because he wanted to arrest him
* * * He come up to the soldier [ac-
cused], * * * Mr. Whitmire [military
policeman] was there too, getting up.

* * ® TI hit him two or three times on
the back of his head. * * * He was still
resisting, trying to get away. * * * Ile
was not hit hard. * * * When Mr.
Favors came up there, Mr. Whitmire was
still struggling to get up, and [accused | was
still struggling to get away. * * * [IIc]
never did quit struggling until he shot these
two men. * * * Tie was just wild.
* * * Te had the gun when Mr. Favors
came over there. * * * Ife shot Whit-
mire the minute my hands came off of him.
* * * Tt was just one-two, like that, bam-
bam.”

Andy Anderson, a witness for the ac-
cused, testified: “I would not say that the
defendant was subdued and overpowered
when Mr. Favors hit him. * * * When
he pulled his blackjack out, Mr. Favors was
about three feet away. * * * Just as
he reached the scuffle, he pulled his black-
jack. * * * T did not see him get the
pistol. He did not get the pistol after Mr.
Favors hit him. He shot simultaneously
when he washit. * * * He firedas Mr.
Favors hit him, at the same time, two
shots right quick in succession.”

The evidence showed that after the shoot-
ing the accused escaped through the crowd,
and was arrested the following night in a
lake about two miles from the place of the
killing.

Thomas A. Jacobs, Jr., of Macon, and A.
T. Walden, of Atlanta, for plaintiff in error.

Chas. H. Garrett, Sol. Gen., of Macon,
T. Grady Head, Atty. Gen., and Maud
Saunders, of Atlanta, for defendant in
error.

ATKINSON, Justice.

1. Under the first special ground of
motion the accused assigns error on the
court’s permitting Whitmire (the military
policeman) to testify: “Q. How long were
you sick from your wounds? A. About
the last—.” An objection was interposed,
admitting the shooting to be relevant, but
contending that “the seriousness of nature
of his wounds was not material.” The court
overruled the objection, and the witness
testified: “I was kept in the hospital for
thirty days. I am_ still in the hospital.”
The record shows that this witness had al-
ready testified, without objection, as fol-
lows: “The bullet went in here and came
out about there [indicating], It went in
the lower part of my chest or the upper

ee”

78 Georgia Journeys

remain in Georgia, and no further mention of any misbehavior
on his part has been found. Having arrived on December 16, 1733,
Wise settled on Hutchinson’s Island, which lay directly in front of
Savannah and was described by Oglethorpe as one of the most de-
lightful spots he ever saw. Most of it was a natural meadow,
which he planned to use for cattle; the remainder. was covered
with trees, many of which were bays more than eighty feet tall.
In 1733 Oglethorpe ordered that a walk, the breadth of the
town of Savannah, be cut through the woods on the island.
Later a similar clearing, known as the vista, was ordered at Savan-
nah. Joseph Fitzwalter remarked, ‘“The Vistoe from the Town to
the other Side of the Island is Cutt Through and Lookds Ex-
tream Pleasant.” By the end of 1733 Oglethorpe had an overseer
and four servants on the island to work there and to guard against
enemies and thieves passing on the Savannah River.’

Wise could perhaps have had a contented life on Hutchinson’s
Island. Here were cattle to be tended, land to be dressed, and the
love of learning to be indulged in his spare time. Perhaps he
thought that his new life now might be better than his previous
years of misfortune. Two of the Irish transport servants on
the island, Richard White and Alice Ryley or Riley, gave Wise
some personal care after he became incapacitated soon after
his arrival. From his bed he would call in the morning for
water in which to bathe as best he could; White would come in
at the call and later would help Wise in combing his hair. Wise
wore his own hair, in which he took considerable pride because
of its length. He would lean over the side of the bed so that it
might be combed more easily. On the morning of March 1, Alice
Riley brought the bucket of water. White came in also and under
pretense of assisting Wise, now leaning over the side of the bed
preparatory to the combing, gave a quick twist to Wise’s necker-
chief to strangle him. Alice Riley seized his head, plunged it into
the water “& he being very weak it Soon Dispatched him... .’’8

Alice Riley was sentenced to death on May 11, 1734.° However,
because she was pregnant her hanging was delayed until the
birth of her child. A son, James, was born on December 21 and
died in February. The birth of the child determined the date of
the hanging. Alice Riley, the first woman to be hanged in Geor-
gia, died on the gallows on January 19, 1735, denying to the last
that she had murdered Wise.

' At an undetermined date White broke out of jail. The knowl-

SCANDALS, SAVAGES, AND TANGLED CLERICAL LOVE AFFAIRS 79

edge that a murderer, who was reported to have defied ten men
to take him, was loose created uneasiness among the people of
Savannah and its vicinity. But he was taken with no real
difficulty. Edward Jenkins described the capture in somewhat
breathless fashion: “Mr Henery Parker and his Brother william
was at woork at my Lot to pay me for what woork I had doon
for him, as we was woorking one of my men sd yonder Goes a
man very fast, I looked & saw ye man & said I believe its White
that Brook out of Prison If it is Let us Go & take him, the
two Parkers agreed not knowing where it was he or no Left
ye men at woork All the weapons we had was two hooks & an
ax we was at woork with, I desired one of them to be about 10
yards at my right hand & the other at my Left keeping the
distance without speaking a word—And as Soon as Came to
him I woud Cease him & if he offered to reble they shoud kill
him immediatly—So we persued him tell we came into about
twenty yards of him, At first sight of us was much Surprised, I
told him your Name is White its in vain to Attempt & immedi-
ately I Ceased him, he fell on his nees & with many Blows on his
Breast baged his Life, so I took him by one side of Coller & Mr.
Henery Parker by ye other & William walked behind, we heald
him very fast for we had often heard that the sarvant bid de-
fiance two ten men to take him As we was Leding him to Town,
we asked him where he had been & where he was Going He said he
had been looking for some house out of Town to Get some Pro-
vitions. . . . As we was Leding him along he woud often beat
his breast & bage his Life, we told him if we Let him Go he must
perish In ye woods he said he would [be] Joyfull to perish in ye
woods rather than dye on the Gallows[.]” Jenkins tried to elicit
information concerning “‘any other vilony that ye Irish Sarvants
. .. Was inventing’ but the most he could learn from White was
that the Irish transports had a plan for breaking into the store.
White was hanged on January 20 for, as Edward Jenkins con--
tinued, after they caught White they “Carryed him into Town
he was had immediately to ye Gallows & Declared to ye last he was
not Guilty of ye Murder. .. .” The unfortunate Wise was
avenged, while Jenkins and the Parker brothers were rewarded
with £50 by the Trustees for capturing White.’°

Another troublesome affair in which the Irish’ transports played
a part was one which gave the colony even more alarm than the
death of Wise. This came to be known as the Red String Plot and

i THE BIRMINGHAM Mt NEWS, BIRMINGHAM, ALA. SATURDA

IRCUIT COURT

QUICK JUS JUSTICE.

Given a Georgia Negro Who
Assualted a White
Woman

ts Work ee Siisscmec)
General News

: Ss 4 ears S :
jo the ‘Wate. News Ae Suet Gu. Sept. isan Robin. }
juer, Ala, Sept b--The case of — & negro, who assaulted Mrs
ne Goldstein against J.C. Bur. treorge Inser. white, three weeks ago,
$000 damages for alleged file’ ! , Was banged bere today. Robinson had:
chmept, abserbed the ume in‘ | been in the Atlanta jail for safe keep. |
uit Court Thursday. The case Ling since bis trial and was brought |
the jury in the afternoon and here this morning on a freight to srold|
ct ha® pot yet been rendered. orewds at the depot.
May the case of KE Eaton: — sheriff Bishop with tea deputies and}
4-H Garrett was on, involving “fifty gvaris escorted the negro ‘from |
amount. The next case om! the train to the scaffold. The. en-

ket is that of Denton against closure on the outskirts of the town
Mining @&:Mannfacturing “ee hs Axnt. j

1y at Thomas. Mr..
pr $5,000 damages claiming tbat terference. Mr. and Mra. inser wit
4ty suffered to that aromas neswed the — :
overGow caused by the opera. | i.
"PE RSONAL.

the company.
Miss Bess McFarlin, “daughter of Mr.
;and Mrs. James McFarlin, is convales- ;
cent after a spellof fever.
|" The Hillman Hospital Association
will hold a meeting Monday afternoon
nt 4:20 o'clock atthe reelienes of Mrs. |

s OR Harsh. J GB Crews, A

th, Jrvcand Will Watker are |

the Bértiingham lawyers tp at.
om the (ircult Court, 9.

Martin, of the Martin Invest.
IBpAny Wak ip town Thursdays.
tit is very busy cpening up a
posit of cbert on Red Mow

nestora, The deposit is on, the’

“Mr. E. K. McDowell, formerly of Ew.
1 Railway aed the company ex. {86/a. las become associated with the |
bop: to be fea porition to ship: ‘local agency of the Union Central Life,

‘Ynwurance C ‘ompany, and will mate bis
< ‘permanent residence tn this city. Mn.
lowing directors lave ben McDowell fas engaged ip general in-
by the Alebatea Furniture and Stirance business in Eufaula, and ep-
Jompany: E.R Cubolea T J. ters into-his new field with an envia-
i, Wo J Mong. |. A: Lewis: Ww ble record for business ability and eu-
earduet, Thomas: Howard gud: &TEy.
sd z A personal letter from Mr. Charles
oe (Washburn, who, with bis wife. is
: E. Atweter of the Grand spending a vacation at Jamestown, me
Miss. May Bradford ieave y_ conveys the regrettable tnformation
e Lav ugeton, where they will thet Mra. Washburn is Gangerously {It |
veral days. Later Mra At- Mr. Milo Kimbrell comes from Bes
Hi-go to Birwinghat, where seer to Birmingham to make his |
reside, and Mist Bradfor€ WS! pone He will go with the Bouthern
ew Oneane where she wil) Music Company

chome wails retalive Me. Eo ye Charles Drenpen ie home from a
ios, We bes leased the betel iscant vacation.

wi So with Lis funny, and will) 45. regular wouthly meeting of the
‘mal cheer today. ie focbe will be held Tnesday morning

aa in HY “ “Witen ait pe 10 o'clock at the home of Mra. J.T.
iy ja. the Week fro Tepes | henge
civ wieces, Mise Florewce aud Mit Dave Cantelou bas retoraed
pie , Will also retecn at | {POM 48 extended visit to Tennessee.

Seger a visi to frienda iy RC Wes accompanied by Mise Annie

‘ iMay Binkley, who will be ber guest
for hone time.

The Women's Christian Temperance
Union wil! meet with Mra W. H. Jef
i fries, 414 Fifth avenue, ‘Tuesday after
i heom at 4 o'clock: AN members are
| urged present. Mre, George €.
Jacheon ry:
| Mit Lily Walker, of Phomaston |
0 in ¥isiting her sister, Mre JF °
dry Edsiuisiuos a ike poet, Met ture, at Avondale

: re HK L Haine AY the fexular Vriday aight sotree |

At Professor JuAge's dancing clase leat
Bee whic Wee te hove been Hight, the prise for the beat waltiere,
area y wi! l ibe residenee S30 wow by Mr nig

in tits.

a i
fant daughter of Mr and Meru Q
utmen, why hes been quite Hl!
chit tor several éayn a6 et

¥ Mine wre feturbes 40 Talla: -
ae week's Viel to Mr GD)
and faaiy

Denton is ‘honaarid people, but there Was Bo! fe

mn ns na cS

”

: “We are . daily receiving Uhcoseiile of dollars. worth of
Goods and have marked them at 20 per cent dess than
give our customers th benefit of low. mrigen mefare the €

mussed, —

SOME SPECIAL PRIGES INDRESS GOODS

10 pieces $4 inch plaided back skirtings, posi:

tively the $2.00 value, at per ‘yard. fae

15 pieces 44 inch Venetian Suiting in all hades: a
an elegant fabric for skirts and tailor-made »

_ suits, the regular welling price i is 85c peryard,

$1.25

our price... — §8e

3 pieces 50 es Black ‘Pebble Cheviots, theo.
$1.50 value, at per yard’............ 98e.
30 pieces 30 inch Polka Dot Flannel Francaise, Se
the newest thing for early fall, waists, the s
POG, ae ee ee 18c

100 Silk Waist Patterns of 3 1-2 and 4 yard
lengths, all the latest styles, price per yard
750, $1.00, $1.25, $1.50 and $2.00«

‘3 pieces 20 ioe Black Peau de Soie Silk, fhe

$1.26 value at peryard............ ee, 880
3 pieces 36 inch Black Taffeta Silk, extra heavy
ee the a. 50° vales at pe yate oe oe ‘8

SOME. a

10 pieces 60 inch
absolutely fast
5 piecee 72 inch B
_valug, at per y

+ @ pieces 72 inch D.

kins to matoh,
100 dozen Checked
‘1 case extra heavy
Bed Spreads, the
100 dozen Pure

2 cases Flannele
" wrappers, 12 1-
100 pieces Ribben,.
quality, No. i, at
~ per bolt; No. 2a
‘All Velvet Ribbon
11-3 at bolt
100 dozen ey
|. We have just
Underwear which

| sell them cheap to

SPECIALS FOR MONDAY AN

200 Rugs 30x60, positively the $3. 00 value, for Monday and Tuesday. bauuaes

25 pieces 10-4 Pepperell Shooting, for Monday and Tuesday.

ee eee tear eenes

10 pieces A. C. A. Feather Bed Ticking, for Monday and Tuesday... Sh seats een es

5 cases yard wide Sea Island Domestic, best quality, at per Tethers
2 cases Dark Outing in pretty styles, at per atin: & ee amar

“BIR MINGH:

Srcck Stores Bessemer,

Ala., and §

RIVER3, Albert, bl, elec. GA (screven) 4-5-1935

The Columbus Enquirer, Saturday Morning, March 6, 1935

Two Negroes Pay
Extreme Penalty

EE nto
.

Milledgeville, Ga., April 58—(#)—
Two negroes, one accused of attack-
ing a young white girl and the other
of murder, were electrocuted today,

Albert Rivers was oonvicted in
Bcreven county In the attack case,
and Isalah Ashley waa convicted in
‘Appling on a charge of alaying J. W.
Holton.

Superintendent R. H. Lawrence of
the prison said Rivers never con-
feased but that Ashley had “ad-
mitted his guilt all along.”

LO ee ee Se ect aeneeeminnmenamnmenenne

f ‘Talmadge Refuses
| To Stay Execution

Atlanta, April 4.—(AP)—Governor
| Talmadge today declined to atay the
electrocution of Tanah Ashié@y, Ap-
pling county negro, who ts acheduled
to be electrocuted at the state peni-
tentiary !n Milledgeville tomorrow
for slaying a white man, J. W, Hol-
ton. q

Previously the governor turned
down an application for clemency in
behalf of Albert Rivers, another ne-
RTO, who also im to die in the elec-
tric chair tomorrow for conviction
of criminal assault upon a 90-year-old
white girl. Rivers was convicted in
Screven county supertor court. .

The state prison commiasion haa

me ee. a

alan turned aqown ®pplications for
clemency In hoth CAReR
, A lunacy COM mination
Y Governor Tal
a

examine Ashley Sree
today that,
“He doen not

’ TOECORN I pe
Offenne, not thane *
re ‘ 1
baud Tt wan AlRned hy Dr. Jo}
; den, RUperintendens : Om bare
NRane hoapttal, 8nd Dr y+ H

boroy h ;
Ville, ie phyatctan at

appointed ]

Yesterday to

Wired th ‘
Aahlay was © ROvernor

—.

FY QOOTRER

4 $= 1 79S
(/2/3- 4)

RIVERS v. STATE.
No. 10505.

Supreme Court of Georgia.
Noy. 17, 1934.

Syllabus by Editorial Staff.

1. Rape €=52(1l)
Evidence sustained conviction for rape
of female under fourteen.

2. Rape €=54(3)

In prosecution for rape of female under
fourteen, prosecutrix’ testimony held suffi-
ciently supported to comply with statute
(Laws 1918, p, 259).

3. Rape €=52(2)

In prosecution for rape of female under
fourteen, evidence authorized finding that
penetration was effected.

—>_—

Error from Superior Court, Screven Coun-
ty; William Woodrum, Judge.

Albert Rivers was convicted of rape of a
female under fourteen, and he brings error,

Affirmed.

Albert Rivers was indicted for the crime of
rape alleged to have been committed upon
Waldine Roberts, a girl of nine years of age.
She testified that in the absence of her father
and mother she was called by the defendant
to his house, about 150 yards from that of
her parents, who resided in the country about
fourteen miles from Sylvania, Ga. When
she got in the house “he did something to
me, he took me and laid me on his bed, un-
bottoned his clothes, took out something he
had and put it between my legs. I told him
to quit, and he wouldn’t, and he laid there
on top of me about five minutes. When he
was down on top of me there he hurt me;
he didn’t put anything in me while he had me
down there; how he hurt me was he mashed
hard on me. I hollered; I cried some. When
I got to the house I did not tell my folks
what had happened to me. I did not tell
any of my sisters and brothers about it. The
reason I did not say anything about it was
he scared me up so; he said Daddy would
kill him and me both. I was sore after that
for several days afterwards.” She further
testified that she made no complaint to her
mother until the following Tuesday or
Wednesday. Her mother testified that a few
days after the alleged crime her daughter

177 SOUTH EASTERN REPORTER

told her she was sore, and made a motion;
and after examining her private parts she
found them very red, irritated, and corrup-
tion-looking stuff in them. ‘The child stated
to her that she did not know what caused it.
Her husband had a conversation with the
child on Saturday, a week after the alleged
crime, when the mother was not present. The
child had nothing wrong with her up to the
time of the alleged crime. The father of the
child testified that he took her to Dr. Lovett,
and was present when an examination was
made. Later he took her to Dr. Lunsford,
Dr. Lovett testified that he was a practicing
physician; that on February 13, 1984, when
the child was brought to him by her father,
he examined her private parts, found the ex-
ternal lips of the vulva badly swollen and
bruised, and a little laceration in the vaginal
wall; that the mucous membrane on cither
side of the vaginal wall was badly swollen,
and there were little tears up and down the
vagina and a little discharge of bloody mu-
cous in there; that she was very sensitive,
sore, and seemed to walk with unusual cau-
tion, showing that her steps were painful;
that he would say that the vagina had been
penetrated; that the condition must have ex-
isted for several days, as it did not impress
him as a fresh one; and that for an injury
of that nature to be caused by any boy of or-
dinary size who had reached the age of puber-
ty, he would have to be developed enough to
perform the act of coition.

The accused was convicted. THis motion
for new trial, on the general grounds only,
was overruled, and he excepted.

J. Wenry Howard and E. K. Overstreet, Jr.,
both of Sylvania, for plaintiff in error.

W. G. Neville, Sol. Gen., of Statesboro, and
M. J. Yeomans, Atty, Gen.,.and B. D. Murphy
and Jno. T, Goree, Asst. Attys, Gen., for
the State.

Syllabus Opinion by the Court.

GILBERT, Justice.

{1} 1. On a trial for rape committed upon a
female under the age of fourteen years, the
verdict was supported by the evidence.

[2] 2. The testimony of the injured female
was sufficiently supported, as required by the
act of 1918 (Ga. Laws 1918, p. 259).

{3] 3. Construing together the testimony of
the injured female and that of the physician
who examined her soon after the injury, the

>For other cascs sec sume topic and KEY NUMBER in all Key Number Digests and Indexes

MARTIN y. WARE Ga. 5
177 S.E, 565

jury were authorized to find that the evidence
showed such penetration as is required to be
shown in the crime of rape.

Judgment affirmed.

All the Justices concur.

MARTIN et al. v. WARE et al.
No. 10356.

Supreme Court of Georgia.
Noy. 16, 1934.

Pyllabus by Editorial Staff.
.

1. Appeal and error €>299

Where all issues of fact and of law are
subinitted to judge without jury, losing party
may review judgment rendered in term time
either by direct bill of exceptions or by mo-
tion for new trial.

2. Adverse possession €=85(3)

Evidence held suflicient to support plain-
tiffs’ claim of prescriptive title to disputed
property by seven years’ adverse possession
under color of title, as against security deed
grantee of plaintiffs’ vendor,

ATKINSON and HUTCHESON, JJ., dis-
senting.

secicemliecead

Error from Superior Court, Walker Coun-
ty; James Maddox, Judge.

Suit for injunction and other relief by
John Ware and others against W. B. Martin
and others. Judgment for plaintiffs, and de-
fendants bring error.

Aflirmed.

On January 3, 1922, A. L, Clarkson and J.
A. Clarkson made to W. B. Martin their
promissory note for $3,000, due one year from
date, and contemporaneously therewith A. L.
Clarkson executed and delivered to Martin,
4s security for payment of the note, a deed
Conveying certain lands in Walker county.
This deed described the indebtedness secured
4s “a promissory note for the sum of three
thousand ($3,000) dollars this day lent to
Said first party by said second party”; no
Provision being contained in the deed as to
Securing any renewal or extension of the
Original $3,000 note. On November 26, 1923,
A. L. Clarkson bargained to sell this land to

Mrs. Caroline Elizabeth Ware for $3,250.
me nc

She paid $2,800 in cash on that day, and re-
ceived from the vendor his bond for title,
conditioned on her paying the balance of the
purchase money of $450, evidenced by two
notes for $225 each, maturing, respectively,
one and two years from date. Mrs. Ware
and her family immediately moved upon the
land referred to, and she remained in posses-
sion thereof until her death in March, 1931,
since which time her husband and some of
their children have continuously remained in
possession as her heirs at law. She did not
pay anything on the notes given for the bal-
ance of the purchase price, nor have her
heirs paid anything on them. Since the deal
with A. L. Clarkson in 1923, the land in ques-
tion has been returned for taxation by her-
self or her husband, and they have paid the
taxes on it except for the year 1933, which
are unpaid. No improvements have been
made on the place since Mrs. Ware moved
on it.

On November 6, 1933, W. B. Martin pro-
cured a judgment against A. I. Clarkson
and J. A. Clarkson for $846.60 principal,
$554.38 interest. $140.19 attorney’s fees, and
eosts, This judgment was based on a note
for $1,000, executed hy the Clarksons to Mar-
tin on November 27, 1923. at which time A.
I. Clarkson paid Martin $2,000, and the &3.-
000 note described in the security deed was
surrendered. This judgment gave to Martin
a special lien on the land described in his
security deed. The execution issued on this
judgment was levied on the land, which was
being advertised by the sheriff for sale when
the husband and children of Mrs. Ware
brought a petition against Martin, A. L.
Clarkson, and the sheriff, praying that the
Sale of the land be enjoined, that it be de-
creed that petitioners, on payment of the bal-
ance due on the purchase money of $450 and
interest, be decreed to have title to the land
as against the security deed held by Martin,
and that A. L. Clarkson be required to exe-
ente to them title, and that the court decree
whether the balance of purchase money
should be paid by A. I. Clarkson to Martin.
and fix the rights of the respective parties
to the proceeding. Petitioners claimed pre-
seriptive title to the land in question by rea-
son of more than seven years’ possession un-
der color of title, in good faith and without
knowledge of the outstanding security deed
in favor of Martin; that the possession of
petitioners and their predecessor in title
(Mrs. Ware) has been adverse to the world,
except as to the right of A. L. Clarkson to
collect the balance due as purchase money;

@=For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

*SE6T=Se] (Aqunep UeAedog) gg *ey *oeTe STH fyoetq *queqTy ‘suaATY
SE6T=S=17 ) |

RICHARDS, BOb, and ROWELL, Sol, blacks, hanged Morgan Ga., 1-8- ——

WEEKLY NEWS & ADVOCATE
Albany, Ga., 12-13-1890

o> ©
heir Saperetitieon.

The twq negroes, Sol Rowell and
'Bob Richardson, who were huog at
‘Morgen last Friday, found friends ||
after their desth, but such friends that |.
could not be relied upon for the favors |
to the dead.

Sheriff Gladden turned the remains
over to their families after their death,
bat not a negro present could be in-
duced to touch their bodies. ~

This is simply an instance of negro}
superstitivn.

—

WEEKLY ADVERTISER AND GAZETTS
Albany, OE oy 1-16-1892

SO ac netney

TWO BIOTERS

Whe Will Be Bauged At Morgan
Teday—That 8u If Tuey Get Tnere.

. cmap |

Sol Rowell and Bob Richardeon, two
negroes convicted of riot in Calhoun
Saperior court may dangle from the
gallows at Morgan today.

Today is the time set for their execa-
tion and there is but one thing to pre-.
vent the carrying out the sentence of
the court and that is for them to be
lynched sometime tonight.

Yesterday Sheriff Gladden and J.
C. Hawk of Calhoun county came to
Albany to get these prisoners and take
them to Morgan. They have been in-|
oorcerated in Dougherty jail for sever-
al months and it was at the December
term of Calhoun Superior court that
they were taken -back to Morgan and
re-sentenced, their efforts for a new
trial proving of no avail.

The feeling against these darkeys Is
very high tn Calhoun county and if «
showing is given ‘the citizens they will
doubtless mob these negroes. When |
the officers left. here. ‘yesterday after-| |
noon they-took the precaution to bay!
ticket# to. ‘Wiltembarg, the station
Laon aide of Leary, ‘from which place

*t »
paras peas
‘

WEEKLY ADEERTISER AND GAZETTE
Albany, Ga., 1-9-1892,

WEEKLY HERALD,

Alban ca es
1-16-1892.

pre

ey a

} Sectaaes arn

488 Ga.

with a question where the decree contains
something not covered by the pleadings, as
the decree here makes no reference to re-
scission of the contract.

[6] 6. The second ground of the
amended motion complains of the following
charge: “I charge you that suppression
of a fact material to be known, and which
the party is under an obligation to communi-
cate, constitutes fraud. The obligation to
communicate may arise from the confiden-
tial relations of the parties, or from the
particular circumstances of the case.”’ The
objection thereto was that there was no
pleading or evidence to authorize it. We
cannot concur in this contention, as there
was evidence to authorize this charge as to
suppression of facts.

{7] 7. Under the third ground of the
amended motion exception is taken to the
following charge: “That in order for the
plaintiff to recover, she must show to your
satisfaction, by a preponderance of the
evidence, the following: 1. That the al-
leged contract was made; second, that Mr.
Flannagan made to her the alleged misrep-
resentations as to existing facts or promises
of future conduct which the promissor, Mr.
Flannagan, at that time did not intend to
perform.” The objection’ thereto is that
there was no pleading or evidence to author-
ize the charge as to future conduct. There
was such evidence, and the ground is not
meritorious.

[8,9] 8 Under the fourth and fifth
grounds of the amended motion, error is
assigned on the admission of testimony.
The evidence showed that the decd and
notes were delivered on June 7, 1947, that
she learned the place could not be used for
the purposed business on July 26, 1947, and
that the suit was not filed until May 26,
1948. The plaintiff was asked the follow-

61 SOUTH EASTERN REPORTER, 2d SERIES

ing questions: “Would you tell what trans-
pired between you and Mr. Flannagan, if
anything, in regard to your not bringing
suit?” Answer: “Mr. Flannagan asked me
if I would have patience and wait for a few
wecks that he would raise the moncy ani
return my money tome. * * * He re.
peatedly told me each time I called him up,
and IJ called him up on an average of once
a week up until the period that I started this
case. * * * He said that he did not havc
the money, that as soon as he raised it he
would give it to me if I would just have
patience and wait awhile. That is the
reason I did not bring the suit until the time
I filed the petition.” The objection was: “I
object to that on the ground it would be an
attempt to compromise, and under the Code
section it is not admissible, it’s incompetent,
irrelevant, and harmful to the defendant
* * * [Also] it is a self-serving declara
tion.” This is neither a self-serving de
claration, nor a proposition made with a
view to compromise under Code, § 38-408
but is evidence of an admission of liability
Teasley v. Bradley, 110 Ga. 497(6), 35 SE
782; McBride v. Georgia Ry. & E. Co., 125
Ga. 515(3), 54 S.E. 674; Hening & Hage
dorn vy, Glanton, 27 Ga.App. 339(2), 108 §
E. 256. The evidence was admissible to
negative laches, under Code, § 37-119, by
explaining the reason for delay in not pro
ceeding more promptly after the discover)
of the misrepresentations. Benson v. May,
149 Ga. 555(2), 101 S.E. 177; Jones v
Hogans, 197 Ga. 404, 410(3), 29 S.E.2d
568.

9. Exceptions to the charge of the court
in ground six of the amended motion arte
without merit.

Judgement affirmed.

All the Justices concur, except AL-
MAND, J., who is disqualified.

RICHARDSON v. STATE Ga. 489
Cite as 61 8.B.2d 489

207 Ga. 373
RICHARDSON v. STATE.
No. 17221,

Supreme Court of Georgia.
Oct. 10, 1950.

Jimmy Richardson was convicted in the
Superior Court, Crisp County, O. L. Gower,
J, of murder, and he brought error. The
Supreme Court, Candler, J., held that the evi-
denee justified conviction,

Judgment affirmed.

!, Criminal law €=538(3)

In murder prosecution, a confession of
guilt freely and voluntarily made and cor-
roborated by proof of corpus delicti justi-
fed conviction. Code, § 38-420.

2. Criminal law €=1064(7)

Ground of defendant’s motion for new
trial of murder prosecution, that trial judge
failed to charge on law of manslaughter,
was too vague and indefinite to present any
qiestion for determination by Supreme
Court in that ground failed to point out
whether trial judge should have charged
on subject of voluntary or involuntary man-
laughter.

3, Homicide €=28
Voluntary drunkenness of defendant
at time defendant allegedly murdered a per-

*n would not be an excuse for murder.
Code, § 26-403.

4. Criminal law ©824(4)

Where defendant charged with murder
made no request for a charge on subject of
intoxication as excuse for crime, failure of
tral judge to charge on such subject was
hot error as to defendant. Code, § 26-403.

Syllabus by the Court.

1, A confession of guilt, freely and
voluntarily made by the accused, is direct
evidence of the highest character and suffi-
“ent to authorize a verdict of guilty on a
charge of murder, when corroborated by
Proof of the corpus delicti. Tested by this
rile, the verdict in the instant case is abun-
dantly supported by evidence, and, accord-
ingly, the general grounds of the motion for
ew trial are without merit.

61 8. E.2d—31%

2. A ground of a motion for new trial
complaining of the court’s failure to charge
on the law of manslaughter is too vague and
indefinite to present any question for de-
termination by this court,

3. It is declared in the Code, § 26-403,
that drunkenness shall not be an excuse for
any crime or misdemcanor unless it was oc-
casioned by the fraud, artifice, or contri-
vance of another person for the purpose of
having a crime perpetrated. In the circum-
stances of this case, a failure to charge on
the subject of drunkenness as an excuse for
crime was not error. Voluntary intoxica-
tion is no excuse for crime.

Jimmy Richardson was indicted in Crisp
County for the murder of Grace Burston.
He was tried, convicted of the offense
charged, and sentenced to be electrocuted.
He excepts to the judgment overruling his
amended motion for new trial.

The State’s evidence tended to establish
the following facts: The accused and the
deceased had not been “living together” for
about four months prior to her death. They
had “quarreled,” and he had arranged with
“another woman to do his cooking.” On
his invitation, the deceased went to his home
on the night of April 14, 1950, to read some
telegrams. No one saw her alive after-
wards. The accused was questioned about
her absence by the Sheriff of Crisp County,
the City of Cordele’s Chief of Police, and
an agent of the Georgia Burcau of Investi-
gation. He first denied any knowledge of
her whercabouts, but later stated, freely and
voluntarily, that he killed her at his home in
the City of Cordele on the night of April 14,
1$50, by first striking her on the head with
a stick of wood and later with a smoothing
iron. He then mutilated her body with his
pocket knife, burned part of it in his fire-
place; but, not being able to dispose of it
completely that way, he put the burned body
in a burlap bag, hauled it by truck some 12
to 14 miles away, and threw it in the river.
He agreed to, and voluntarily went with the
officers to the river and pointed out the place
where he threw it in. Her decomposed and
mutilated body was recovered from the riv-

Wwttwwee we

f *SNOSCHUWHOTY

Avr

*OS6T=E-TT (dstao) dg *ey *oeTe S117 SyoeTq §

REEVES, Charles, black, hanged at Darien, Ga., January 15, 1891.

"BY THE NECK; CHARLES REEVES HANGED IN DARIEN YESTERDAY: WHILE HIS PARA-
MOUR AND PARTNER IN CRIME, BLLA FAYSON, IS GRANTED A NEW TRIAL. REEVES
CONFIDENT OF HEAVEN. - Darien, Ga., Jan. 15 (Special) -Today Charlie
Reeves, who murdered Theo Gronwald, a Darien merchant, in February
last, expiated the crime publicly on the seaffold. He was conducted
from the jail by Sheriff Blount and his aides to the scaffold, which
was only a short distance, at 11:25 o'chock, The sheriff then read
the death KXmmxm warrant and asked Reeves if he had anything to say.
He said: 'I have but little to say. Iam sorry for the crime, and I.
was sorry five minutes after I.did the déed.' He gave advice to the
crowd, and told them to take warning. He said that he was guilty be-=
fore God, but God had forgiven fim, and he wanted all to meet him in
heaven. The colored ministry then led in prayer, and sang two hymns,
The sheriffplaced the black cap and rope, and after the doxology and
benediction at 12 o'clock the trap dropped and Charlie Reeves went
through the trap to meet his Maker. At 12:32 o' clock he was cut down
and placed in his coffin. He met his fate without one sign of fear,
His body will be carried to Macon by relatives, There was no excitement.
"(THE CRIME). - Reeves disputed an account which Grongald held against
him, whereupon the latter struck and cursed him, When he told Ella
Fasen, his paramour, she drove him out of her house, telling him not
to come back until he had killed the Dutchman. Reeves immediately
went to Gronwald' s store and shot him dead, Ella Fasen was also un-
der sentence of exechtion today, but Judge Falligant granted her ano-
ther trial," CONSTITUTION, Atlanta, Georgia, January 16, 1891 (2:3.)

7 Gerge 573

REESE, Elisha, hanged at Macon. Georgia, on September 7, 1849.

"Hlisha Reese, convicted of the murder of Mrs. Ellen Pratt, was executed
near this city on Friday, in the presence of some 5,000-persons. Before
leaving the prison, he gave an imperfect sketch of his life and of the
circumstances connécted with the murder. It is sufficient to say that his
confession in every particular, corroborated the statements of the &ffair
made through the columns of this paper at the time of the killing, and
which was subsecuently sustained by the testimony before the jury.

"Reese deported himself with the most stoical firmness and composure. He
shed no tear, and heaved no sigh during the solemn ceremonies under the
gallowse He ascended the platform with a firm and stcady step, and decline
when requested by the Sheriff to address any words to the assembled multi-
tudes The result of this exhibition has been th excite no little feeling
among our people in favor of private executions, and the matter will no
doubt te brought up before the next Legislature." JOURNAL AND MESSENGER,
Macon,Georgia, 9-12-1849. |

)

"The Macon Messenger of the 18th inst. says: 'Elisha Reese, arraigned for the murder of
Mrs. Pratt, after a fair and imartial trial before Bibb Superior Court, was, on Friday,
found guilty. On Saturday, Judge Floyd pronounced the sentence of the Court in the
presence of a vast assemblage, The prisoner manifested no feeling whatever --except that
of apparent indifference to his fate, He is to be hung on Friday, the 7th of September,
between the hours of 3 and | o'clock.'" CONSTITUTIONALIST, Aygusta, G0, 7-21-18h9

REESE, Rack, and WRIGHT, John Henry, blacks, electrocuted Georgia (McDuffie County) on

March l, 19356

2 me ee eae ae oe * ‘ ' wr ‘4
, Good Connty In ae 4 rae
f Se ae * oe at
Wy hic Venti ¢- Se” <> O OY
YY SUID AIL 4... A ts Re

2A ee myn

THOMSON, McDUFFIE COUNTY, GA., THURSDAY,
waite RI SVG BS

oR
ae rn a
PE;
Pr ae,
‘ fry
NN & ¢
, §
Bik
s#
s
os
‘
“3
yt *
4 sia rd
Pies &
t é ge
4
P t
ry 7
' 4 Yh sg
oot 2
,
.7 7 Ye
‘ t
i
a
4
rs
% .

ae ts, if

t S195 .% ¥ > ae

whinid woun, rae. {thie waa denied. —

: eit atyeit? The two Thomson negroes were
it at aay fought from the Augusta jail Fri-

+ @ “outer of Gay afternoon to die in the electric
ichair at Milledgeville Fridays, March |

fefned Tron time | 1st.

vem: Gne-of} A” Methodist Preacher’s

we Tore,

sete Short in

pein er davon

Two Na roes Re-

taovernor Talmade

Mis vi iTye 10% B Rew

eee Fo4s

&% the December term of McDuffie
-... “.jetior Court and sentenced to ex-
} in January. A respite
.,, %#4 granted them pending an appeal

‘or a new trial, but as stated .above,

ewntion early

rp wetoeut, #ay by Sheriff Lynn Norris and were
oe Fenefita | resentenced by Judge Perryman Fri-

eiven a

ibomson

Monday

I wonder what will happen next.
im hear that Dr. Duncan resigned last
vent ty take; Might. I had made up my mind that
Thin year|he and I could work together fine.
e percent take| But I guess we could not blame him
shereas, not) a8 I understand that he is going to
Ran half the} 4 larger field of service.
zat six, The] The two churches here are planning
“as better} to take a religious survey on the first
« well than {Sunday afternoon in March. The sur-
vey will be made between 2 and 4
* re:turement {O'clock in the.- afternoon. I hope
hon must be} ¢Verybody will arrange to be at home
years, a hien| during that time so we can get a
advanced to|/complete survey.
It has begun to look like spring

¥ +. ~"
Béteen percent

We we

acy
g
Sent “need To Chair:

refused to al-
trial in the case of Rack
cei he fee Hevoe and John Wright, the negroes
sviuctes} of the murder of Mr. Jim
stene, They were found guil-

The End - the Crooked Tra

POTS IG PEI eed

on een

MR. AND MRS. BOATWRIGHT
HOSTS.

Mr. and Mrs. Harry Boatwright
were hosts at a delightful Valentine
bridge dinner on last Thursday even-
ing. ‘

The home was ively with its col-
orful.and artistic decorations of
white hyacinths, narcissi, valley lilies,
flowering pear, red carnations and

ha nad} Weather, I think we will feel a: lot

lighted red candles. In the. dining

MRS. DAVID }
TAINS FOR
An informal th
lightful farewell.
given by Mrs. D.
her home on Lee
ternoon in complin
Itzkow, who has
Mr. and Mrs.” Reu
several weeks. M

to her home in N

yd
¢

2m
ya

tiles; it may’ prove to vee incorrect, but our appreb
i] that. may prove to be! but too: tree,

& egy ategey ceeds pas il py

: pondont ee tet

ven ort il Gavourk rsctild uiynio t

ay ‘m0 ec Hf pre ere # the #! comamanicetions and letters.
pes ) oom malty. {sipected to thi fe Lote tbe pest paid, to insure at-;

tae

on their

He ta us, who: reveiye! from ten:

| : 3 # iast-| sgraty leriere pe di fic amountsto. a latge sum.
c. 5 =| Attias unjust for thew io: paddle as with thie heavy ex-.
“a ; moehniaphtid

fo tbe fen | ae cil
e ABS arate: | sotiation. «" f defer va ike
; Con tien. | :
an have been for ay: reqheaed 10. eurgest the prcipriely of
feo a Sere ea wally td tbe ee nelding a Conve « p Mechanics of the State of
® et th Tien, | SPOR, in theCity ic ‘Macon, some: time during the
son 6 aan pari fre peyernt-automn, for, jb Mose of forming aj Mechan-'

i , | if Europe.
| to each individual would’) °°

+ tele bound: to: Tecaguipe her: independen
| for negotiptions.”:As matters now:stand, st hay .he too:

'| lated. Her energies seem to have been exhausted, and:
:| GEETEN Bold has woounpnaned what cael t prowete

SY ae ea Eaatiel ie. slat rienced ; ‘ *: was unable to eflect.
- 25 ‘ & Fs Oy : nf aah 4 ie if t ie ee te eat v 0 published ¥ re ;

ate ety. : : : res Ex ; oo iy) H y Mr. Le We ha de -Kossath is. yet beyoild the power of the codihined
i} redeem the; honor of the ination. Hie pr

% be checked, bat the charm ‘of his enthtistastic devotion: -
‘} 40 liberty is not broken. We have still ‘eunfidence in

} interest—are very hamerous and ‘powerful,
+ only hope for} proarese; Not triuriph, a
| res}

REBSE, Elisha, white, nies Macon, Georgia, 9-7-1819.

547

(2Se

and stated month ago, the friends of freeday a ine

3 e New: Workd: have- been: misted by the jemporery |
‘ eas poate noble patriots, who have been etriig-'}

overwheliping powers of desportts.n

ae of the United Slates com e
mptly to the ; Ha wight have been re--
imac She bas foiled, we fear for want { farnis.. ‘A
few dollars ofa few cents, from each freeman jin thie

gling agai

3 country, ' would have: furnished. her. the meaija of ‘hold’

Id have
and _catt

ing vat, until: the other European: powers

“The impersonation o

Hungeri- “
‘patriotism and. valor is still alive; : :

| armies, and may still rally! bis brave countrymen, atid -
“ may”

the roverruling. power of a just Provides ‘The ire:
eult) of our ewn: glorious revolation: leads Us to hope:
that Hungary may yet be. tree, and that Ihangariay
valor: may yet be triumphant, ‘Khe enemies rel:
however; in the Old. World, ate. banded tdzether by: |
d Wecae
ntl The?
there;

‘ fallure. 10: establish free. immira

> will be; immense infix of emigration to) etuuniry.”

It ip our daty'to receive these patriots with: open arma;
and: ‘bid them: -weleeme, and at the eeme*tigie lo take ©
aaah massureg as will effeoiually preveist th: “ despotin

| | governmcuts'of Eorepe, fom eniptying thtit prisons ,

* Beto
A on poset sketch ‘of his’
ngés coanected with the mar.
t his.confemnic
ion in a

Pest ere whi Teese ise i] nigse.attd coniposure., dno ‘tear, and beaved we
Behe rit : Lanecintd ng ig en: wighi during the eoleiay ponies under the gallows”
Pee. te ; penta gh «rps ire Sf | tie eevended the ih w firm ind sendy wep,

eaeaba ses jp ye eager ir he A by: the Serif, to addres:
they Spa ene st dog is othe uver er Is itude,: The result of:

: oncite:: ‘no! litle: feeling |
of. 3

~ Sa Nac ae iach sco
ie ee. '
reg. sth i Pr

? ike santo’ bi:
i # cs sodeopsaes r count
“ of aretiia 4 eee :

eg, ee

ta'y tes
ae ony? a

r} Gad their poor hosses,. upon out/shores. <"T’bib- will pro--.|* :

fect onr institutions at home, and ultimately
example io the world which mist exert: 2°
fluence ‘im favoar of the went) cause-ol equality god
i} baman frome.
In the: mean time do we not howe, 8 thigh t aa to

i thee men: n- who are:

isi it not ic fat of ake pete ivi ones
lie meetings: iand private contribativte, 10 m

is enjoying a career of elomass eninterropued
Our, people; both native and sdopted, o&n eppreci
t bieralugeul plice government.” Would it

at fnable j jo: ananifest tha}. appreciation in “y
i

Plulavelphia pdowber Northern ci

3 | Georgia »that in matters of @ more private nature; he

will pot cornea ta suipley himee|f in the dignified bue {

inese of “Legging™ for hie Democratic brethren. Bpeap-
Ping of the Geurgia Whigp, he says: ‘

“ When they recommended theit candidate tor Gee

d enor on the ground that he wre the opposite of a tem-

Hoy perance sana did we ay 6 word } did we ty, eben {

“Ae we anvtele. |F*

mee cine dad enka oe Se, ae

+ ntaningeeiteniceseyet.

ae ee
HORE K Gries ¢

506 Ga.

Oscar Reed was convicted of homicide,
and he brings error.

Affirmed.

Paul M. Conaway, of Macon, Beerner
Williams and Will Ed Smith, both of East-
man, for plaintiff in error.

Chas. H. Garrett, Sol. Gen., of Macon,
T. Grady Head, Atty. Gen., and L. C.
Groves, Asst. Atty. Gen., for defendant in
error.

Syllabus Opinion by the Court.
WYATT, Justice.

1. Without reciting in detail the sordid
facts of this case, suffice it to say, the evi-
dence amply authorized the verdict.

[1-3] 2. Error is assigned on the fol-
lowing charge to the jury: ‘Now, gentle-
men, the law presumes that a person intends
to accomplish the natural and probable con-
sequences of his conduct, and where a per-
son uses a deadly weapon or instrumentality,
in the manner in which such weapons are
ordinarily employed to produce death, and
thereby causes the death of a human being
the law presumes the intent to kill.” The
criticism urged is: (a) The charge was
not adjusted to the issues; (b) it was an
expression of opinion on the part of the
court that the instrument used was a deadly
weapon; (c) it excluded from the jury the
right to find that the shoe (the instrument
used) was not a deadly weapon, or that it
was not used in a manner likely to produce
death. The weapon alleged to have been
used to club the deceased over the head,
from which she died, was a heavy work
shoe, the heel of which was bordered with
a metal cleat. Elsewhere in the charge the
court instructed the jury to the effect they
must believe beyond a reasonable doubt that
the accused with the weapon named in the
indictment did strike, beat, wound, choke,
cut, and kill the deceased as charged in the
indictment, “and that the said weapon or
instrumentality used, in the manner used,
if one or more was used, was a weapon or
instrument likely to produce death.” The
charge complained of is not subject to the
criticism made. Monday v. State, 32 Ga.
672, 79 Am.Dec. 314; Johnson v. State, 92
Ga. 36, 17 S.E. 974; Walker v. State, 124
Ga. 440, 52 S.E. 738; Paschal v. State, 125
Ga. 279, 54 S.E. 172; Reed v. State, 168
Ga. 731, 149 S.E. 23; Kennedy v. State, 191
Gae22,- 34. S-E. 2179;

29 SOUTH EASTERN REPORTER, 2d SERIES

[4] 3. Error is assigned on the follow-
ing charge: “Express malice is that de-
liberate intention unlawfully to take away
the life of a fellow creature, which is mani-
fested by external circumstances capable
of proof.” Since there was testimony to
authorize a consideration of the offense of
murder, it was not error to give in charge
the Code, § 26-1003, defining express malice.
Harris v. State, 178 Ga. 746, 174 S.E. 240:
Devereaux v. State, 140 Ga. 225, 78 S.F.
849; Smith v. State, 140 Ga. 791, 79 S.E.
1127; Melton v. State, 186 Ga. 660, 198 S.
E. 695.

[5,6] 4. Error is assigned on the fol-
lowing charge: “If you return that form
of verdict [we, the jury, find the defend-
ant guilty], that would mean, gentlemen,
that the defendant would be sentenced to
suffer the penalty of death by electrocution
at the State Penitentiary, unless the jury
should see fit to recommend him to the
mercy of the court. Now, gentlemen, that
is a recommendation which you have the
right to make and attach to your verdict
in the event you find a verdict of guilty,
as charged. You may make that recom-
mendation either with or without reason.
You make it for any reason that is satis-
factory to you, or you make it arbitrarily
with no reason whatever. You may make it
as a matter of course, or as a matter of dis-
cretion.” The charge is alleged to be er-
roneous because: (a) It is incorrect as an
abstract principle of law; (b) it restricted
the jury in its privilege of returning a ver-
dict with a recommendation of mercy. It
is not subject to the attack made. Duncan
v. State, 141 Ga. 4, 80 S.E. 317; Elder v.
State, 143 Ga. 383, 85 S.E. 197; Manchester
ve’ State, 17t-Ga.- 121. 155-S-B FA. Por
a full discussion of the cases bearing on this
question, see Du Pre v. State, 153 Ga. 798,
113 S.E. 428.

[7] 5. Error is assigned on the court’s
failure to give in charge to the jury the
law of voluntary manslaughter. There be-
ing no evidence of an 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 equiva-
lent circumstances to justify the excitement
of passion, it was not error to fail to charge
the law of voluntary manslaughter, Sim.
mons vy. State, 181 Ga. 761 (6), 184 S.F. 291;
Scott v. State, 157 Ga. 124 (1), 120 S.E. 773.

[8,9] 6. Error is alleged because the
trial judge admitted, over objection, the

McDONALD v. MULLINS Ga. 507
29 S.E.2d 507

testimony of a witness who testified sub-
stantially to the effect that the defendant
made a confession to him, stating in sub-
stance that the defendant committed the
crime of rape upon the deceased, and then
pulled off his shoe and beat the deceased
over the head and in the face and left her
in a bleeding condition on the ground. The
objection is that the alleged confession in-
volved and included a confession of a crime
for which he was not on trial, to wit, rape,
and did not, amount to a confession of the
crime of murder. “It is no valid ground
of objection to the admission in evidence
of an incriminatory statement or confes-
sion made by the accused in a criminal case
that the language indicated that the ac-
cused had committed also another and sepa-
rate offense.” Watts v. State, 8 Ga.App.
694 (2), 70 S.E. 46; Lampkin v. State,
145 Ga. 40, 88 S.E. 563; Swain v. State, 162
Ga. 777 (2), 135 S.E. 187.

7. There was no error in overruling the
motion for new trial.

Judgment affirmed.
All the Justices concur,

(sume

McDONALD v. MULLINS.
No. 14773.

Supreme Court of Georgia.
March 8, 1944.

Rehearing Denied March 20, 1944.

1. Reformation of instruments €=20

Equity has jurisdiction to reform a
written instrument where there has been
ignorance or mistake on part of one of par-
ties, accompanied by fraud or inequitable
conduct on part of other party.

2. Fraud €>13(2)

If fraud or inequitable conduct com-
plained of consists of an alleged misrepre-
sentation of facts, it is immaterial whether
party making misrepresentation knows its
default, since it is nonetheless fraud in law,
even though not fraud in fact.

3. Reformation of Instruments €=13(1)
Where vendor sells to another desig-
nated tract of land and points out to pur-

chaser its boundaries, and purchaser relies
on the representation, equity will, at pur-
chaser’s instance, reform deed if deed by
misdescription contains land different from
that which partics agreed upon.

4. Reformation of instruments €=36(3)

An amended petition seeking reforma-
tion of deed, which alleged that plaintiff
purchased a designated tract from defend-
ant at auction sale, that plaintiff in making
purchase relied upon boundaries as pointed
out by defendant and auctioneer, that de-
fendant was now claiming a portion of the
property, and that plaintiff did not learn
until recently that deed did not contain all
property as pointed out at time of sale, was
sufficient as against general demurrer.

5. Appeal and error 1078/3)
Special demurrer, not being argued or
insisted on, was abandoned.

6. Reformation of Instruments €=45(5)

Evidence supported finding in favor of
plaintiff reforming deed for tract purchased
at auction sale, so as to conform to bound-
aries as allegedly pointed out by defendant
and auctioneer at time of sale.

Error from Superior Court, Fulton
County; Edgar E. Pomeroy, Judge.

Suit by Mrs. R. M. Mullins against
Mrs. Ollie McDonald to reform a deed.
To review a judgment in favor of plaintiff,
the defendant brings error.

Affirmed.

Oliver C. Hancock, J. Wightman Bow-
den, and John R. Strother, all of Atlanta,
for plaintiff in error.

Thos. E. McLemore, of Atlanta, for de-
fendant in error.

Syllabus Opinion by the Court.

WYATT, Justice.

[1-4] 1. Equity has jurisdiction to re-
form a written instrument where there
has been ignorance or mistake on the part
of one of the parties, accompanied.by fraud
or inequitable conduct on the part of the
other party. Reese _v. Wyman, 9 Ga. 430,
Wvyche v. Greene, 26 Ga. 415; Adair v
McDonald, 42 Ga. 506; Venable v. Burton,
129 Ga. 537, 59 S.E. 253; White & Hamil-
ton Lumber Co. v. Foster, 157 Ga. 493,
122 S.E. 29; Gibson v. Alford, 161 Ga.
672, 132 S.E. 442; Hunnicutt v. Archer,

we Swed © eeeicn 6 6

(Reversed: 69 SOUTHEASTERN 2€0 ’
argc Car df dlap fPrrpoarh) Lffirmed: 71 SOUTHEASTERN 667)
ROUSE, William (Bill), white, hanged at Sylvester, Ga., on 9-1-1911,

"Sylvester, Ga, Auge 22, 1911 = “illiam Rouse, who is sentenced to hang here Friday for
the murder of Bill Bailey and who has confessed to the killing of 13 men, will expiate his
crimes of the gallows if the governor does not grant him a life sentence, tn an interview
with one of the relatives of the condemned man it was stated that they have done all they
can and if the governor does not commute his sentence he will have to pay the penalty,
Rouse seems today to be very hopeful of his case, although at different times he is very
much disturbed as to the probable outcome, He is always cheerful and discussing different
subjects with his guards and the jailer, Four extra guards have been placed over him,
"Rouse syas that he will never hang for the deeds that he has done, as he has killed 13 men
and the aaw has done nothing yet, and says that if he gets out and gets the chance he will
get another, There is considerable talk among the people, but few facts can be gotten from
his relatives, There is some talk of mob violence if Rouse's sentence is not commuted to
life imprisonment, Special precaution is being taken along this line, Everyhting is in
readiness for the execution," QOURNAL, Atlanta, Georgia, August 23, 1911 (2/2%&3. )

"William Rouse, convicted of the murder of William Bailey, will be hanged at the Worth Co,
Jail this coming Friday morning, Sept. 1. Gov. Smith has formally denied the man's plea
for executive clemency, The crime for which Rouse stands convicted was circumstantially one
of the bloodiest and most brutal in the history of Georgia, Rouse and Bailey were both
Worth County farmers. On a certain night, according to the prosecution, the 2 men quarreled
at Rouse's home, Bailey, they contended, was unarmed, Here is what they charged against
Rouse* Thae he shot Bailey full of holes, some of the shots entering the backs that he then
took a knife and cut the fallen man s throat, severing the windpipe and jugular vein; that
he then got anotherpistol and closed the still warm fingers of the dead man around its butte
but that he forgot to note that the dead man s right arm had been shattered by a bullet; tha
he sat above the bloody corpse with a whiskey bottle, and roared out into the night a song,
partly of his own composing, the refrait of which was 'Bill Bailey, Won't You Come Home?*
Rouse was convicted of murder, The case went to the supreme court, The court granted him
a new trial on legal technicalities, He was tried a second time and again convicted of mur-
der without recommendation to mercy, He appealed again to the higher court and his appeal
was turned down cold, He then appealed, with able lawyers, to the prison commission for a
commutation of sentence, The hearing which took place about two weeks ago was a stormy one.
The ablest legal talent that the section could afford appeared for and against Rouse, Judge
W. N, Spence, leading counself for Rouse, vehemently charged that Rouse was the victim of
persecution, Representatives Claud Payton of Worth, assisting Solicitor General Wooten in
the fight against the application, charged that Rouse had not only committed a brutal and
inexcusable murder in the case under consideration, but that by his own admission he had
killed 12 or 13 other people in his life time, They charged before the prison commission
that Rouse had committed every crime on the statute books, including specifically murder
and arson, They admitted that he hadn't been convicted of the latter. They charge him
with being the bloodiest and most dangerous desperado produced in Georgia during this gene~
ration, When the case reached the governor the same attorneys appeared and there was more
heated argument, When argument and allegation were all ended Gov, Smith took the records
of the two trials for the murder of William Bailey home with him and read them through, In
refusing bhe plea for clemency he acted on his investigation into these records, ‘“e found
nothing in them that would justify executive interference with the carrying out of the death
sentence, So William Rouse, convicted of the murder of William Bailey, and alleged to be
the slayer of 12 other human beings, will go to the gallows, Friday morning," JOURNAL, At-

lanta, Gaey Aug. 29, 1911 (1/3).

KBs nein RE sors”

eLALY MANUS

eevee's

‘

604. Ga. 29 SOUTH EASTERN REPORTER, 2d SERIES

put him in her automobile, her son took that after tearing up their automobile,
him to the hospital; that this happened in Rozier went up the road in the direction
Laurens County, Georgia; that Mr. Davis of Mr. Davis’s house; and that the moon
said the negro shot him, but she did not was shining bright on that night.

hear Mr. Davis say who the negro was. William Henry Lee testified that on April
J. H. Davidson, Jr., testified that he re- 15, 1943, he went to the spot where Mr,
membered the Tuesday night when Mr. Davis was shot and saw the place; that
Davis was killed; that he was asleep and from appearanccs it looked as if the de-
did not hear the shots fired; that Alfred fendant had run about twenty
Maddox woke him up and that he took where Mr. Davis was shot;
Mr. Davis to the doctor; that the only a gun in the ditch; th
statement Mr. Davis made in his presence a cut shell;
was when the car ran over a bump and Mr. the sheriff.
Davis said, “Oh, me;” and that the witness
immediately took him to Dr, Claxton’s
hospital.

Essie Evans testified that she lived near
Pine Hill Church close to Mrs, J. H: Da-
vidson in the community where Mr. W. G.

steps from
that he found
at the gun contained
and that he gave the gun to

Lula Lord testified that she lived near
where Mr. Davis was killed; that on the
afternoon before he was killed, she left
her home to go to Miss Iris Minton’s to do
some washing; that while gone she left her

on i 7; own house unlocked, and the next morning
Davis lived; that she knew both Mr. Davis in rambling around her house found some

and the defendant Herbert Rozier; that trunks broken open, but nothing had been
Herbert Rozier was at her house the night taken from them; and that on Saturday
the deceased was killed; that Herbert night she missed the shotgun. This wit-
Rozier came to her house and was standing ness further testified that she had scen the
outside the window, and he broke in the gun at the office, but could not swear who
house by breaking the latch, and she and got it, but she identified the gun at the
her boy ran in a room and shut the door; office as being the one taken from her
that Herbert Rozier Icft the house and went home.
yhere automobile was and took es :
out to where her au e . D. B. Wilkes testified that he was deputy
an axe and beat the glass out of the car >
é sheriff of Laurens County, and that on
and took a knife and cut the upholstery sees gee ae : ‘
; : 3 April 15, 1943, the shooting was reported
all to pieces; that Herbert Rozier shot at oe L
to him; that he went down and tried to
one of her boys, and one of her boys shot find eek
f % nd the man who did it; that he went to
at Herbert Rozier; and that after this ieee:
: Henry Tolbridge’s house, where he knew
Herbert Rozier left her house and went : ; ,
tee 4 sd: and in ‘approxtinalele Gee the defendant was the night he shot Mr.
a oA poy , ee meer Sais “hice Davis; that the witness saw blood on the
may ma ots close taewae ’ floor and tracked the defendant from this
af SOS 056 508 . house back to the scene of the homicide;
Ed Evans testified that he was the son that the next morning he found the defend-
of Essie Evans, and was at home on April ant’s tracks, and got Joe Guyton and went
15, 1943, when Herbert Rozier came to his across Turkey Creek bridge at a store, and
house and when he first saw Rozier; that found the defendant in the second house
Rozier shot at him, and he dodged around past this store; that it was five or seven
the edge of the house and shot at the de- miles from the scene of the crime; that
fendant but his gun snapped; that he broke when he went in the door of the house
in the front door and Rozier broke in the where the defendant was, the defendant
back door; that when the witness went into had a gun and Joe Guyton said to the de-
a room where the family was, Herbert fendant, “Don’t do that Herbert,” and the
Rozier tried to break in there, and when witness told Herbert to drop the gun, which
he failed to break in the door he tried to he did, and the witness placed him under
break in the window, and failing to do this, arrest; that the defendant made a state-
he took an axe and beat the glass out of ment to this witness freely and voluntarily
their car, the windshield and two side glass- without hope of reward or any promise or
es in both the front and rear doors of the any threats by the witness; and that the
car and the lights; that Rozier made quite defendant told the witness he did it because
a bit of noise while he was doing this; that he was mad, and_ that Essie’s boy, Ed
the shot fired by Rozier did not hit him Evans, had shot him. This witness also
but the powder burned his face: that he identified a jacket as being the one the
shot at Rozier and Rozier shot at him; defendant was wearing when arrested, and

ROZIER v. STATE Ga. 605
29 S.B.2d 602
i i -rsation and conduct o
; ‘ sant » jacket as well including such conversa és
ogee arg IPR fe th, er i ees of the the parties as are properly parts of the res
a anaoe aaean gestac of the homicide, may een al
jury i i ; the
enti : in his the jury in a dying declaration made by th
“ ant, Herbert Rozier, in such ©. State, 109 Ga. 120(3),
ewer te jury said that his dog was deceased. Bush v

34 S.E. 298; Doyal v. State, 70 Ga. 134(+),
ie’s | and he went after the > : st band a Senbe: AOR Ga. 48264);
at Essie’s house, essary for him to go 146 ; Strickland ys a e, Suc te
sak teu > feck oeder to get his dog, 145 S.E. ae - ae _ ~s Seiten: Ap
ie eee 1 ¢ there some noise in the 729(3), 1 eet, 146 Ga 189(2) 01 SE.
— geste i. “d him and he came out from Scrutchens V. aa 100 Ga. 659(2). 28S E.
under the howse, and then he had aM 2h; O'Nesl v, State, 172 Ga. 52601), 158
A Neal v. St
counter with Ed ane ated. preegtid pene S.E. 51. Under these rules - si prs
himself, and Ed shot him; the : up: erly excluded the testimony of the ¢ ai
shot by Ed he got mad and tore the gto eat “cetated ty the guied character an
that after tearing the car up he hase ‘ vag qualities of the decedent, but properly -
the road where he met Mr. age as ive mitted the remainder of his testimony W hich
nearly in the ditch when he ~~ tes recounted the dying declaration of the a
that Mr. Davis asked -_ i co >» cedent, and explained that the aria =
hell are you pir ieie Mineed — Ly in tha started to a neighboring house where eure
a nner ad. eh t him in the had been previous trouble in order to —
shoulder with a gun and . ae : lf-de- a fuss he heard going on, and that he met
hand; that he shot Mr. Davis in se the defendant on the way, at which time
fense, and the shooting was alas aes the homicide occurred. This preliminary
af trying to save tnateth, ls. spe- Statement as to when, how, and why the a
In addition to the general Seen a cedent came to mect the defendant A Sit: d
cial exception is taken to the eegpnraten portion of the dying declaration objectec
certain testimony, as set forth and dea to; the evidence of the dying declaration
with in the opinion. as to the homicide itself being that when
R. I. Stephens, of Dublin, for plaintiff in ip¢ decedent on meetiog the Sein
error. asked him what the trou mite ey rate
James F. Nelson, Sol. Gen., and Lester the prey prone ages 2 Seeun
F. Watson, both of Dublin, T. Grady Head, shot him in the abd :
Atty. Gen., and L. C. Groves, Asst. Atty.

Gen., for defendant in error.

[5] 3. There was evidence by the ar-
resting officer of a voluntary statement
ee : made to him by the defendant that the oe
LEARNS, eehting Sn fendant shot the deceased because fg de-

i d € > jessie § DOY,
[1] 1. The evidence fully authorized fendant was mad and because Essie’s oi
Ed Evans, had shot the defendant. _ The
State offered the testimony of Essic oe
z : : , © " + cy » © t
i i { sitnesses as to what happened a
. ; : . is conscious and other w ess ee
in the article of death, who an Shek, aes ane eclenbh a
e house of Essie
i iti as to the cause of his death 7 ; Spann
ee aoe who killed him, shall be curred; the breaking in ice Lago
F the perso , sh , matte by :
admissible in evidence in a prosecution for a oe ot ee je Denes
‘ aeida.? 8-307. Thus, dy- fendant, ar g we
oe re ia vl by the defendant and others.
i i re-arms by e
i arations are not admissible in civil = erie
pe east ‘nnessee, Virginia & Georgia This was the house to w saute Pi sien
Rail ee Maloy, 77 Ga. 237(2), 2 S.E. was going when the homicide — oe

a v. Maloy, a. 23/(2), & an : ao yirr pay
O41); and in criminal cases, in order te It was objected - “ Se oe nad a
2 heim Be ie ea ee ae. oa ak th ime Ge yioterics omorred im-

’ , y <1 > de- t at the : im

‘ the person who killed the de- ent | es eee
i ia vy. State, 141 Ga. 212(4), mediately preceeding the shinee
SSE. 71 ‘but any — +h declaration testimony corroborated the dying declara-
Desig, dee usin Js corepoten i f the deceased as to the existence of
illustrating these issues is competent to tion o the de . a
prove any relevant fact embraced in the res. the disorder, a Ww ps eke nee

calli ‘ilkers -- State, the motive, malice, nt, 2 ste

BGs. 72008), 17S 900, 44 An UR ind of the defendant immediately preced-
91 Ga. 729(3), 17 S.E. 990, 44 Am.St.Rep. mind o tories Noe Sie
63 Accordingly, every fact or circum- ing the homicic ¢. reas ik ith a ate
stance shedding ‘light upon the transaction, occurred immediately preceding

the verdict.
[2-4] 2. “Declarations by any person

ab ee it 9

et ooo ns

696 Ga. 29 SOUTH EASTERN REPORTER, 2d SERIES

cide, and since they constituted the cause and take care of it;” held, that according

and occasion of the homicide and clearly to this letter the writer intended for his
tend to explain it, the testimony was prop- brother to act as his agent to deliver the
erly admitted. As to a very similar situa- deed after his death, and that his death
tion, see Helms v. State, 138 Ga. 826, 829, terminated such agency, thus preventing de-

76 S.E. 353. See also Wilson v. State, 173 delivery. There being no other evidence of
Ga. 275(2), 160 S.E. 319; Price v. State, delivery either actual or constructive to

166 Ga. 120(2), 142 S.E. 666.
Judgment affirmed.
Ail the Justices concur,

w
cniiaigatatint
° : KEY NUMBER SYSTEM
J

COOPER et al. v. LITTLETON et al.
No, 14771.

Supreme Court of Georgia.
March 7, 1944.

1. Decds 54, 56(6)

A deed to land must be in writing,
signed by maker, attested by at least two
witnesses, and delivered to purchaser, or
someone for him, and delivery must be

made during grantor’s lifetime. Code, §
29-101.

2. Deeds C>61

A deed to grantor’s wife for life and
then to his legal heirs, mailed by grantor
to his brother with instructions that, if
anything happened to grantor, brother
should have deed recorded and turn it over
to wife, or, “if living”, brother should take
care of deed, was ineffective where grantor
died before brother delivered deed to wife
even if brother was a remainderman, since
his agency to deliver deed was revoked by
grantor’s death. Code, §§ 29-101, 85-504.

Syllabus by the Court.

1. A deed to land must be in writing,
signed by the maker, attested by at least two
witnesses, and delivered to the purchaser,
or someone for him. Delivery actual or
constructive must be made during the life-
time of the grantor.

2. Where an owner of land signed an
instrument in the form of a deed, and
mailed it with a letter to his brother stating,
“Tf anything happens to me, you have this
paper recorded at once, and turn over to
Stella [the writer's wife]. If living, mark
the envelope so you will know what it is,

any grantee, the judge, trying the case
without a jury, did not err in finding that
the deed had never been delivered and in
decrecing its cancellation as prayed by the
administrator of the so-called grantor.

Error from Superior Court, Spalding
County; Chester A, Byars, Judge.

Suit by Arthur H. Littleton, as adminis-
trator of the estate of J. W. Cooper, against
W. G. Cooper and others to set aside a
deed. To review an adverse judgment, part
of defendants bring error.

Affirmed.

Arthur H. Littleton, as administrator
of the estate of J. W. Cooper, deceased,
instituted an action in equity against Mrs.
Stella Jackson Cooper, widow of the de-
ceased, and W. Garland Cooper and others,
who were brothers and sisters, nieces and
nephews, of the deceased, the object of the
suit being cancellation of an instrument in
the form of a deed, which appeared to
have been signed by the deceased several
months before his death. It was alleged
that the deed was never delivered and ac-
cepted during the lifetime of the grantor,
that it constitutes a cloud upon the prop-
erty therein described, and that it is neces-
sary that the deed should be delivered up
and cancelled before petitioner can pro-
ceed fully to administer the estate.

Mrs. Stella Jackson Cooper, the widow,
filed no answer. The other defendants, con-
sisting of brothers and sisters of the de-
ceased and children of deceased brothers
and sisters, filed an answer in which they
denied the allegations as to non-delivery,
and prayed for a decree to the effect that
they have a vested remainder in the land
described after the termination of the life
estate thereby conveyed to Mrs. Stella
Jackson Cooper. Other averments in the
pleadings need not be stated.

By consent the case was tried before the
judge without a jury, upon an agreed state-
ment of facts. The issues presented were
whether a certain deed executed by J. W
Cooper on May 28, 1942, was ever deliver-
ed, and if delivered, who were the re-

COOPER y. LITTLETON : Ga. : 607)
29 S.E.2d 606

maindermen intended by the grantor to “On or about May 28, 1942, eb a bat
take the property at the death of the life Cooper came to my office to get “ s ioe
tenant; the deed by its language having a deed for him. Ss drew the ace i pe
purported to convey a life estate to Mrs. Cooper signed it in my presence, i .
Stella Jackson Cooper, wife of the grantor, . presence of Mrs. Mable pots Hee in
“for and during her natural life to be the deed referred to in the plaintiff's pe
used and enjoyed in any manner she deems tion.
best and at her death said property to go “T tried to write the deed the way Mr.
to the legal heirs of the party of the first Cooper said he wanted it. He said that ee
part.” The case was tried on October 28, did not want to give the property to his
1943. wife, Mrs. Stella Jackson Cooper, absolute-

The agreed statement was substantially ly, but wanted her to have ‘eee a life _
as follows: Stella J. Cooper was the in it, and after her Grath, le wantec =
wite W. Cooper; they had no chil- property to go to his folks, and not to ah
peat W Coo er had no children by folks. I wrote the deed intending to give
— a ostace Je Ws Cooper effect to Mr. Cooper’s wishes. Tle ex-
‘lied e ehrinry 22, 1943, and Arthur Ll. pressly stated to me that after her death, he
Eedictol was duly appointed and qualified wanted the property to go to ~ poee
as his administrator. Mrs. Stella J. Cooper, and sisters or their pr teak es, anc
the widow, is still in life. At the time of to the heirs of Mrs. OOper.
his death, said J. W. Cooper left surviving J. W. Cooper was living on the land de-
him certain brothers and sisters, nicces and gcribed in the deed at the time he executed
nephews, who are parties defendant. the deed, and at the time of his death.

On November 6, 1937, the said J. W. The judge, upon consideration of the
Cooper executed a will, which has never agreed statement of facts, found at the
been probated, but in which according deed was never delivered in cones
to one item he bequeathed all of his prop- of law, and thereupon entered ’ ae
erty, both real and personal, to his wife for cancelling the same as prayed by the ad-
life, with remainder to his “brothers and ministrator.
sisters living.” The defendants other than Mrs. Stella

On May 28, 1942, the deed in question Jackson Cooper, that is, the brothers ~
was signed and properly attested and on. sisters, nicccs and nephews of the ara yee
the same day was mailed to W. Garland excepted. Mrs. Cooper, the widow, id besa
Cooper, a brother, along with the follow- except, but she and the administrator —
ing letter: named in the bill of exceptions as defend-

“Dear Brother: Am not feeling so ants in error. ee
well, asthma bothering me. Am in town Beck, Goodrich & Beck, of Griffin, for
having a paper fixed up. If anything hap- plaintiffs in error.
peng tome, youhave this paper recorded af Christopher & Futral of Griffin, for de-
once and turn over to Stella. If living, Ccciuses fi! exer.
mark the envelope so you will oo pa on
it i se care of it. Am mailing it to
ise gic ent and come when you can. BELL, Chief Justice.
Your loving brother, J. W. Cooper.” [1] A deed to land must be in writing,
In compliance with the instructions con- signed by the maker, attested by at least
tained in this letter, the said W. Garland two witnesses, and delivered to the pur-
Cooper held said deed until the death of chaser, or some one for him. Code, § 29-
J. W. Cooper, and then on February 24, 101. Delivery actual or constructive must
1943, had the same recorded and forward- pe made during the lifetime of the grantor.
ed by the clerk to Mrs. Stella Jackson paxter y. Chapman, 147 Ga. 438, 94 SE.
Cooper, the life tenant named in the deed 544. }fam v. Preston, 164 Ga. 682 (3), 139
None of the defendants was present wher S.E. 421. ; es
said will or said deed was executed. In Wellborn v. \ eaver, 17 Ga. 267 (5),
It was further agreed that the deed was 63 Am.Dee. 235, it pis held shee
written for the grantor by T. J. Purdy, delivered to a third valptra as sr : rion
an attorney, who also witnessed it as a grantor, to be kept . nee aie by Mee
notary public; and that the following state- to the grantees a 7 d : ope tet =
ment made by Mr. Purdy is true: was not a present deed of the gra J

te FEE OOF

$35 Sah

SPR AS.

eerer yy ie

Lena cel dre tNate Se

PS: ves SRA on

602 Ga. 29 SOUTH EASTERN REPORTER, 2d SERIES

missed on July 13, 1942, more than a week 502. The effect of the dismissal of the ap-
before Thomas Hooks II undertook by peal therefore was to make effective the
way of intervention to file a caveat. How- judgment of the court of ordinary. The
ever, Judge Camp denied and struck the other heirs of Miss Hooks who intervened
intervention upon motion of counsel for in the instant case and adopted the allega-
T. W. Hooks on the grounds, among tions and prayers of the petition must
others, that Thomas Hooks was not a share the same fate as Thomas Hooks TI,
party to the cause when the appeal of J. whose case was bottomed on a main -con.
S. Hooks was dismissed and withdrawn on_ tention disproved at the trial. Since it
June 13, 1942; and that when Thomas was proved that Miss Hooks left a will,
Hooks II undertook to intervene on June which had been duly probated as shown
22, 1942, the case was not pending in the by this record, the complainants’ case fell.
court, and the intervention should be Since in no event were they entitled to
stricken because there was no issue of any any of the relief sought, the judgment on
kind before the court for determination. the main bill is affirmed. The cross-bill
In reply to this position, counsel for the is dismissed.
plaintiff contends that the order of Judge
Camp, entered on the aforesaid motion,
was not an adjudication that the appeal of
J. S. Hooks had been dismissed before the
intervention was filed, but that he merely g
gave as a reason for striking the same
from the docket that the appeal had al-
ready been dismissed; and counsel relies
on the line of cases holding that error can
not be assigned upon mere reasons given
by. the judge for the judgment rendered.
Griffith vy. Finger, 115 Ga. 592, 41 S.E,
993. This rule is well recognized. Sce
Richter v. Gann, 191 Ga. 103, 11 S.E.2d
774, and cases there cited. It has no ap-
plication, however, to the facts here shown, !. Homicide €=250

All the Justices concur,

pprmangreec room |

Kos
KEY NUMBER SYSTEM)

ams

ROZIER v. STATE.
No. 14792,

Supreme Court of Georgia.
March 8, 1944,

When a motion was made in Laurens su-
perior court to dismiss an intervention in
a named case that had been appealed from
the court of ordinary, and the motion was
based on the ground that the case was not
pending at the time the intervention was
filed, but that on the contrary the appeal
had therctofore been dismissed with the
consent of the opposite party, and in pass-
ing on the motion the judge entered an
order sustaining the same “for the reason
that the appeal of J. S. Hooks was duly
and legally dismissed on June 13, 1942,
and after that there was no case pending
further in this court,” this was an adjudica-
tion that the appeal had been dismissed
at the time the intervention was filed. It
was a finding in a case to which Thomas
Hooks II and T. W. Hooks were parties
and was a judgment binding on the par-
ties, and as between them established the

fact that the appeal from the judgment of
the court of ordinary admitting the will to

probate had been dismissed. “An appeal

shall suspend but not vacate judgment;

and if dismissed or withdrawn, the rights
of all the parties shall be the same as if
no appeal had been entered.” Code, § 6-

Evidence supported conviction of mur-
der.

2. Homicide G=214(1, 2)

In order to be admissible, dying decla-
rations must relate to cause of death or
person who killed the deceased, and any
such declaration illustrating such issues is
competent to prove any relevant fact em-

braced in res gestae of the killing. Code,
§ 38-307.

3. Homicide €=214(1)

Every fact shedding light upon the
transaction, including such conversation
and conduct of parties as are properly parts
of res gestae of the homicide, may lawfully
go to jury in a dying declaration made by
deceased. Code, § 38-307.

4. Homicide C>163(2), 214(1)

In murder prosecution, trial court
properly excluded testimony of physician
who treated decedent after shooting, inso-
far as testimony related to good character
and qualities of deceased, but properly ad-
mitted remainder of physician's testimony
which recounted decedent’s dying declara-
tions and explained that decedent had start-

ROZIER y, STATE Ga. 603
29 S.E.2d 602 a
d try to quiet them; that the
i i where there had go up there an
ee ee eee ie order to quiet a deceased further stated that oe a
vee fe head ‘ne on and that decedent had had some previous — , nes
peng earn poten ay, at which time thought he might go down and ge -.
ee ek d Code § 38-307. “settle the difficulty, and that he starte :
rar basa aa , ward this house and was going as% oe
é nt and said,
5. Homicide <=169(1) road when he met the — eet
In murder prosecution, where there “P{erbert, what is the trou € p uae
n idence by arresting officer of a vol- and the defendant made no rep y, i wate
— elecorainrtel by defendant that he shot his gun and shot him immediate y Ww it
deceased because he was mad and because€ making any eae gre tree?
; just before de- thing else; and that after the d
or had shot defendant just g % a
paar gy arrived, testimony as to what had shot him, + aed to hot eS
ha immedi ling the fendant and fell to the gro : :
appened immediately precec “
ana ag admissible as tending to eX- for Mr. Davidson to get him some he P
tain homicide, even though deceased was Walter Davis testified that . ek hor
n t present at time of such happening. son of W. G. Davis, the deceased, an ns
aoe on the night of April 15, 1943, when ht
mcmnacdaes — father was killed, the family lake were
iti i i ec some
The evidence amply supported the yet sitting in ~ — room yet] me
h in the chooting at Essie Rozier’s ans!
. for the reasons set forth 1 shooting a 7
onition, the exceptions to the admission of and that it was about one thomas tie
acme over objection by the defendant, t 9 this house around ee a -
‘ i i is father said,
versal. this shooting occurred,
ea A am going over there,” and got his gun and
immediately left; that shortly after his

i i i Essie’s house,
4 i Court, Laurens father left in the direction of Essie’s -
Ee ad ties! they heard a shot and then a pause a

County; R. Earl Camp, Judge. then three rapid shots in succession; hi
i f i f i Z his
Herbert Rozier was convicted of murder immediately after the shooting hie he a iis
: z= : y ; :
without recommendation, and he brings eT father’s voice, and went up to w adap
father was and asked his father who s “4
a d him, to which the deceased replied, O
ns aS ; i I all to pieces anc
i al der. Herbert Rozier shot me all | '
was convicted of mur ' é ieee
eset — dation, and excepted to I am gone -? that he asked his st pe —
without Senet evial was the cause of the sa gta rt : gtd
cis : i “Ww im I as
= — yo cticing physician, ceased replied, “When I met e ae
Dr. E. B. Claxton, a aye Nae That he him what he had been ~ to, an cpa
testified in pauper rane gusstion of even serdinak. ie shot me The wit
n 4 a at?
medic cand sureery ani thas Be Ore ici seal vara righetyuthivie yards from
—— tial in Dublin, Georgia ; lying approximatcly st re m2 tees ot
aa Ve ate i ht or about April where he was shot, an = “ais Ba
fai See ey = hae re deceased, was help from Mr. Davidson s hems he
2 } nae spital suffering trees a his father to the hospital where
admitted to his hospite ferin. tess
is acy oe ON print on ein Mrs. J. H. Davidson, Sr., testified that
| he lower ribs 0 ec Mrs. J. Hi. ag pee era
a a Gach was large enough to she lived aoe even "paige tela
ek : anes hand in it; that intestines the houses of } 7 ee scan: ahaa oh
of ihe dkecancd were protruding out of the a little nearer re a ae aa
opening; that the witness removed some the night “ ‘ et a aeteeirds aie
: “king and wadding and a good many shot — shooting and s no hae shad eit ee
apt the wound, from which the deceased aga ee Le ey ger
i ri - Mr avis Ca s
ee ae :10: that he was in a dying con- Air. - a te sa cet
ae ae was conscious of it, and asked her Be a a ae og
s itness 0 Id out of bed; that s s g
Htness if the witness thought he cou Trak: yc ee
i ogee the witness told the deceased vis was a negro and Repent ee
= ints ety doubtful. The witness testified door, but when she ~ He le or Ais
‘ ai Gk decedond went into detail, and told she got her san pepe eer a te Ee.
him of hearing a fuss going on at a negro Mr. Davis iying in yond after she helped
house, and of thinking that he had better vis said he was shot, i

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102 Ga.

in the course of his employment, jurisdiction
does not devolve on the Industrial Commis-
sion to award compensation under the provi-
sions of the act. (b) The Industrial Com-
mission not being a court of general juris-
diction, and having no authority under the
statute to award compensation for injury to
an employee of the character above mention-
ed, jurisdiction as to such matter cannot be
conferred by act of the parties.” In other
words, as stated in the opinion the industrial
commission (now the department.of industrial
relations) has only such jurisdiction as is
conferred by the statute under which it was
organized and exists. “The claims for com-
pensation over which that body may exercise
jurisdiction must be founded on the relation
of employer and employee as defined by the
statute is a jurisdictional fact in all cases
addressed to the Industrial Commission.”
The provision of the Workmen’s Compensa-
tion Act (Ga. L. 1920, p. 167, § 2 (a, b), so far
as is pertinent, is as follows: “Employers
shall include any municipal corporation with-
in the State, and any political division there-
of, and- any individual, firm, association. or
corporation engaged in any business operat-
ed for gain or profit, except as hereinafter
excepted. * * * Employee shall include
every person * * * except one whose
employment is not in usual course of the
trade, business, oceupation or profession of
the employer.” In the Thompson Case it
plainly appeared that ini the alleged employ-
ment the business of the employer was that
of an official of a corporation, and the work
of the employee was that of constructing a
residence for the employer, a work wholly
disconnected from the business of the em-
ployer carried on for gain or profit. Upon
that vital point in this case the ruling in
the Thompson Case is controlling, because
the facts of that case deprived the industrial
commission of jurisdiction of the subject-
matter. However, as pointed out by Mr. Jus-
tice Atkinson in the opinion, the reasoning
of the Court of Appeals might state sound
doctrines applicable to the merits of a case
of which the commission has jurisdiction.

So the first question which now arises is
whether the department of industrial rela-
tions had jurisdiction of the claim for com-
pensation now under review. The employ-
er was the city of Atlanta in its corporate
capacity. In the language of the act: “Em-
ployers shall include any municipal corpo-
ration within the State. * * * Employee
shall include every person * * * except
one whose employment is not in usual course
of the trade, business, occupation or profes-
sion of the employer.” The employee was a
member of the city’s “asphalt gang” working
in repairing its streets, So it seems that if
we were correct in our construction of the
Workmen's Compensation Act in Hartford
Accident, ete., Co. v. Thompson, supra, the
eity would clearly be subject to that legisla-

169 SOUTH EASTERN REPORTER

tion in the present instance. But the city
attacks this portion of the Workmen’s Com-
pensation Act upon the ground that it is in
conflict with article 7, § 6, par. 1, of the Con-
stitution of 1877, which provides: “The Gen-
eral Assembly shall not authorize any coun-
ty, municipal corporation, or political divi-
sion of this State to become a stockholder in
any company, corporation, or association, or
to appropriate money for, or to loan its cred-
it to, any corporation, company, association,
institution, or individual, except for . purely
charitable purposes.” The contention that
this provision of the Workmen’s Compensa-
tion Act, so far as it relates to municipal
corporations, is unconstitutional, is based up-
on the same grounds as were sustained in
Floyd County vy. Scoggins and Murphy vy.
Constitution Indemnity Co., supra. We can-
not concur in the opinion that decisions re-
lating to the absence of power of counties
to levy tax for the insurance of its employees
have any application to such municipal cor-
porations as the plaintiff in error. The rul-
ings in the two cases which we have just cit-
ed were necessarily compelled by reason of
the fact that a county’s powers of. taxation
are confined and restricted by the provisions
of the Civil Code 1910, § 513, whereas it is
a matter of judicial knowledge that no such
restrictions are imposed upon the power of
a municipality to tax. A city chartered by
' the state, if empowered by its charter to levy
and collect occupation taxes of various kinds,
may raise sufficient funds from which may
be paid accident insurance for its employees.
The municipality may allow employees to
be engaged in repairing the streets where the
funds for the improvement have been obtain-
ed by reason of the adoption of the Oklahoma
plan. There are'various other sources of in-
come which may be employed by a municipal-
ity, from ‘which may be paid the premiums
upon insurance obtained for the purpose of
compensating for the injuries of the city’s
employees. Furthermore, in this case it does
-not appear, and no plea is presented, that
the city has not in its treasury at the pres-
ent time sufficient funds to enable it to per-
form the duty imposed upon it by the General
‘Assembly; nor does it appear from this rec-
ord that the necessary premiums, even if a
debt be created, is not such a current expense
as may be discharged by the income which
the city will receive within the current year.
In all eases of doubt as to the constitutional-
ity of an act,,the doubt should be resolved in
favor of constitutionality. Upon this prin-
ciple, it is not made to appear that the court
erred in sustaining the award of the depart-
ment of industrial relations.

While various sections of the Constitution
are formally specified, as required by the
rules of this court, in the appeal by the city,
no separate reference is made to any partic-
ular article, section, or paragraph in the
brief of counsel for the plaintiff in error, nor

RANDALL v. STATE Ga. 403
169 S.E.

are any authorities cited to support the con-
tention that the provision of the Workmen’s
Compensation Act as to municipal corpora-
tions is unconstitutional. However, we have
carefully considered the question whether the
act offends either one or all of the constitu-
tional provisions set forth in the appeal, and
have ruled upon each. The statements con-
tained in the headnotes do not require fur-
ther elaboration. Our conclusion upon the
case as a whole is so well condensed and sum-
marily stated in the judgment of the trial
judge that we adopt it as a portion of our
epinion: “The court is of the opinion that
the act bringing municipalities within the
provisions of the Workmen’s Compensation
Act impliedly authorized municipalities to
tax for that purpose, if indeed it is authoriz-
ed under other charter provisions. The leg-
islature has more liberal control of munici-
palities than of counties, since the latter are
safeguarded more strictly in the constitu-
tion.”
Judgment affirmed.

All the Justices concur.

RANDALL v. STATE. *
No. 9529.

Supreme Court of Georgia.
April 14, 1933.

1. Homicide €=166(1).

In murder prosecution, testimony that al-
most immediately after homicide accused
came to house he occupied jointly with an-
other and began shooting and shot at other
occupant of house held competent.

Testimony might be considered as part
of res gestx, but, if not part of res geste,
was admissible to show the animus of ac-
eused, and, in view of evidence that, when
accused was arrested later in the night by
the sheriff, he was drunk and utterly in-
different to the effects of the deed he had
committed, and was in a reckless mood
and laughing so as to attract the atten-
tion of the officer arresting him, the tes-
timony, if not admissible for any other
purpose, was admissible to corroborate
sheriffs testimony that accused was
drinking.

2. Criminal law >! 172(1).

In murder prosecution, inaccuracy in
court's charge stating contentions of accus-
ed as to deceased's attack upon him with sub-
stantial correctness held not reversible error.

3. Criminal law €=828,

On murder prosecution, where evidence
did not raise issue of voluntary manslaugh-
ter, failure to charge thereon, absent written
request, held not error, notwithstanding ae-
cused’s statement introduced issue of volun-
tary manslaughter.

4. Criminal law ©=823(6).

In murder prosecution, charge that prov-
ocation by words, threats, menaces, or con-
temptuous gestures does not justify killing
held not erroneous as denying defense of rea-
sonable fears, when considered with connect-
ed charge that threats accompanied by men-
aces, though menaces do not constitute ac-
tual assault, may arouse reasonable fears.

Syllabus by the Court.

1. It was competent for the state to
prove that almost immediately, within lalf
an hour or an hour after the time the accused
shot and killed the deceased, he came to the
house which he occupied jointly with another
person and began shooting and shot at the
other occupant of the house.

2. The court’s charge stating the conten-
tions of the defendant was substantially cor-
rect, and, if somewhat inaccurate, the inae-
curacy was not of such a character as to con-
stitute reversible error.

3. Under the evidence, the ejement of yol-
untary manslaughter was not Involved, and
the court did not err in failing to charge up-
on that subject; for if, under the statement
of the defendant, the homicide may have been
reduced to voluntary manslaughter, there
Was no written request to charge on that
subject.

4. When the excerpt from the charge ex-
cepted to in the fifth ground of the motion for
a new trial is considered in connection with
other portions of the charge, the criticisms
of it are without merit.

RUSSELL, C. J., and ATKINSON, J.,
dissenting in part.

Error from Superior Court, Randolph Coun-
ty; C. W. Worrill, Judge.

Pat Randall was convicted of murder, and
he brings error.

Affirmed.

L. B. West and Geo. H. Perry, both of
Cuthbert, and Olin Hammock, of Shellman,
for plaintiff in error.

R. A. Patterson, Sol. Gen. of Cuthbert,
Hooper & Hooper, of Atlanta, M, J, Yeomans,
Atty. Gen., and B. ID. Murphy. and Jno. T.
roree, Asst. Attys. Gen., for the State.

BECK, Presiding Justice.
Pat Randall was indicted and tried for the
murder of Uriah Warrell. The jury returned

>For other cases see same topic and KEY NUMBER in all Key Number Digests and Indexes

Topuey) as *ep oats

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ALL Vv

VOLUME LVII Srrina, 1973
Seen 1D

Nuner 1

CONTENTS
Guorcia INFLUENCE ty THE
DEVELOPMENT op Liperta.._

Saag senses ons TE FIP} 9p Aen Por
HANGING Ag A Socto-Pen Ap INSTITUTION IN Gronera

Pi smece Oe 5 Mertoi Coulter
TAL

"srt soe aecher senceacse. AE CHEER iTerndon
AN, ANTLCATHOLICIEM, AND ATLANTA'g
ICATION. 1916-1927

WALTER B, Hint,

osGesnvesur ve Philin AY, Rucine
7 ANCELLOR FoR THE
Unive aon

lade - Rey Math is
Orly Doot
The Mac apers, Part If . :

Edited by Albert

S. Britt, dy.
The Tomb of Sir James Wright . . .

OM Lilt xy TTlaires

Contrihy tea “uM Robere G. Mitchell
A Plea for Nathaniie] Greene Papers. See oes
Georgia Archive. Tittttee

Boo REVirws AND Novzs:

Boles, The Great Revival, ITED-1805. +. mittee eee ce lie,

Mullin, Flight ana Rebellion: g SISTENCeE in
Bighteenth-Century este eee eee ce.

Coulter, Daniel 1, St. Tis “Life N

Potter, The §

Orth ane Sow h eens:
Concurrent Majority ee led os
Brooke, Kin

Gruber, The 2 By S Gnd
Harlan, n. T'he Moking ota

the American

NeOvCT fsa

eorgig.
Diary of Edmund Ruffin, | re
ed., The Lettervook of Robe; Pringle, 1742-7

_A Cruising Voycge around the Worid._
Resurgens.._ — :

» By the Bull,

Cemetery Art te wi tetee cel eee ee cece.
9lish Crown Grants for St. Philip Parish.
Spangled Banner, ete,

A: Revolutionarics
7 Journa, 7800-7803
ahy The Reprint Comyn

€ Making of Blac

» The Revhen Kin

Books ‘on Georg!
rtanburg, 8. ¢.

ny,
The TAINI¢ Red Schoothonne

hers

: narrative.

iy
Ljges sentencing
bes, but very f
bering suicide in
ead innocence +
or almost SO.
pr their relatives
Jon or reprieve
A the Lord and ;
willows into the
earth a good 3
ly to Negroes) ; '
leases where the |

ss who was not }
bsecure it. And ;
wand that some j
t lawyers were %
a ‘a fee. It :
faethe night, fot }
SS guilty, to ask |
pw vpreme Court, Ff

hand finally to.

bs can best be $
b But it should |
Beles, orgies of §
int “of a circus }
nto appall the |

Ms. There wagt’

a method of ¢

F but could not
Rings private? — |
M New Jersey, 4
met year,
had gained
: 4
j

TANomas m OG EORGIA 21

sufficient momentum t enact a
law for that pur was the motive:
“The public exe to death by the
many to be emoralizing in its

le character of our people for

not so well calculated to accom-
instituted, to-wit: the prevention

By :

private executions.” Therefore, hereafter “no
one shall witness such executions, except the executing officer,
a sufficient guard, and such cletgymen as the criminal may desire
to be present on the occasion. together with the relatiy
Crimnal,” Tf there were no room in the j
should be the duty of the Inferior Co 2
Screened by a high jail yard, and if
hectssary to order a ax tO pay for the work Bur the
judge of the Superior Court trying

“in their discretion” to order a public

“ecution."" Another reaso gested: for Opposition —
to public hangings after fr to the slaves, was to

hangings. However tor a 3
there were only three han in Fulton ¢ Vv and
all were private.?? = : .

, For those who did not attend public hangings, either because
they Were repelled by such horrors or were ashamed to be seen
thete, the newspaper reporters were always at hand to write
up a long lurid story of what happened. These were features
that hewspapers reveled in publishing, and only on such occa-
Sons a$ the Spanish-American War did bigger news take their
places. : | a
- Public hangings were no respectors of age, color or sex. The
first hangings int Georgia were in Savannah, less than two years
after. the colony had been settled and the victim was a woman.
William Wise was an Irishman of shady character whom

e \\ & <Q @
\} TWO BIOTERBS

Who Will Be Maunged At Morgan
Teday—That is If Tuey Get There.

Sol Rowell and Bob Richardson, two
negroes convicted of riot in Calhoun
Superior court may dangie fiom the
gallows at Morgan today.

Today is the time set for their execu-
tion and there is but one thing to pre-
vent the carrying out the sentence of
the court and that is for them to be
lynched sometime tonight.

Yesterday Sheriff Gladden and J.
C. Hawk of Calhoun county came to
Albany to get these prisoners and take
them to Morgan. They have been in-
corcerated in Dougherty jail for sever-
al months and it was at the December
term of Calhoun Superior court that
they were taken back to Morgan and
re-sentenced, their efforta for a new
trial proving of no avail.

‘The foeling against these darkeys is
very high in Calhoun eounty and if a
showing is given the citizens they will
doubtless mob these negroes. When
the officers left. here: yesterday after-
noon they- took the precaution to buy
ticket? to Williamsburg, the station
ae sido of Leary, from -which place

WEEKLY NEWS & ADVOCATE
Albany, Ga., 12-13-1890

Albany, Ga.e, 1-9-1892,

ee
Their Saperstities.

The twq negroes, Sol Rowell and
| Bob Richardson, who were hung at
| Morgan last Friday, found friends
after their death, but such friends that
could not be relied upon for the favors
to the dead.

Sheriff Gladden turned the remains
over to ibeir families after their death,
but not a negru present could be in-
duced to touch their bodies. :

This is simply an instance of negro
superatitivn.

Po 7s

WEEKLY ADVERTISER AND GAZETTE WEEKLY HERALD,
Albany, Ga., 1-16-1892 Albany

Ga e
1-16-1892,”

WEEKLY ADRERTISER AND GATZETTR

ce eS ate

Meigs atte ge

Perret gy rsa eth Ces

490 Ga.

er a short distance down stream from the
place pointed out by the accused, and was
positively identified as the remains of Grace
Burston by a physician witness, who testi-
fied that he had personally known her, The
accused told the investigating officers that
he did not know why he killed her; that he
had not planned to; and that there had not
been any fight between them, The officers
testified thai the accused when taken into
custody had a bruised place on his forchead,
but they and another witness for the State
testified that he told them that he hurt his
head on a door. The sheriff also testified
that the accused told him voluntarily that
he was drinking, but not drunk, at the time
of the killing; that the deceased was not
drinking; that she did not hit him; and
that he offered no excuse or justification for
the homicide.

The defendant offered no testimony, but
in his statement to the jury said: “I did
not intend to kill my wife. I was drinking
and just about drunk, I and her both, and
we got into an argument and I don’t know
what happened. I did not intend to kill her.
T did not intend to do her no harm at all.
What happened I hardly know. It was not
my intention to do it. Some time before day
I began to realize what I had did. I tried
to cover up from the law. * * * Iam
sorry. I would not have did it for nothing
at all, for nothing at all. I was drunk and
didn’t know. The reason when I knew what
I really had done was about the break of
day or a little before. That is all I know.”

O. E. Scott, Jr., Cordele, Davis & Frie-
din, Vienna, for plaintiff in error.

Harvey L. Jay, Sol. Gen., Fitzgerald,
Eugene Cook, Atty. Gen., J. R. Parham,
Asst. Atty. Gen., for defendant in error.

CANDLER, Justice (after stating the
foregoing facts).

{1} 1. There is no merit in the general
grounds of the motion for new trial. The
State’s evidence, as it appears from our
statement of the facts, abundantly proved
the crime of murder as charged in the in-
dictment; and this is true because a con-
fession of guilt, when freely and voluntar-
ily made, is direct evidence of the highest

61 SOUTH EASTERN REPORTER, 2d SERIES

character, Eberhart v. State, 47 Ga. 598:
Pressley v. State, 201 Ga. 267, 39 S.K.2d
478; and when corroborated by proof of the
corpus delicti, as in this case, is sufficient
to authorize a conviction. Code, § 38-420;
Burns v. State, 188 Ga. 22(3), 28, 2 S.E.2d
627; Moore y. State, 193 Ga. 877, 20 S.E.2d
403; Reddick v. State, 202 Ga. 209, 42 S.F.
2d 742, and cases there cited.

[2] 2. Special ground 1 of the amended
motion for new trial alleges: “That the
court erred in failing and refusing to charge
the jury upon the law of manslaughter, aft-
er being orally requested to so charge by
the defendant’s attorney, and that said fail-
ure and refusal to charge was detrimental
to the sole and only defense of the defend-
ant, to wit, that the homicide was without
intention to kill and without malice.” It is
well settled that this ground of the motion
is too vague and indefinite to raise any qucs-
tion for determination by this court. “[I]t
fails to point out whether the court should
have charged on the subject of voluntary
or involuntary manslaughter.” Miles v.
State, 182 Ga. 75(4), 185 S.E. 286. Sce
also McLendon v. State, 205 Ga. 55, 52
S.E.2d 294,

[3,4] 3. Special grounds 2 and 3 com-
plain of the court’s failure without request,
to charge on the subject of intoxication as
an excuse for crime, and the two grounds
are so related that they may be considered
together. It is declared in the Code that
drunkenness shall not be an excuse for any
crime or misdemeanor, unless it was oc-
casioned by the fraud, artifice, or contri-
vance of another person for the purpose of
having a crime perpetrated. Code, § 26-403.
Concerning the complaint here made on that
subject, it is sufficient to say that, if the ac-
cused was drunk at the time the offense is
alleged to have been committed, his drunk-
enness was unquestionably voluntary, and,
therefore, no excuse for the crime charged.
Allen v. State, 187 Ga. 178(2), 200 S.E. 109;
Holland v, State, 191 Ga. 608(2), 13 S.E.2d
347, The jury would know whether, undef
all of the circumstances, the intoxication of
the accused would throw any light on his
intention to kill, and there being no request
to charge on the subject of drunkenness,

aap

‘
i
5
2
i

PARIS vy. PARIS Ga. 491
Cite as 61 8.E.2d 491

the omission to do so was not error, Thom-
as v. State, 91 Ga. 204(1), 18 S.E. 305; Em-
mett v. State, 195 Ga. 517(7), 543, 25 S.E.2d
9. Certainly, under the evidence in this
case and the defendant’s statement, a fail-
ure to charge properly on the subject of
drunkenness as an excuse for crime was not
error against the accused; ordinarily the
omission to do so would be helpful to the
accused. Generally a drunken man would
not be less likely to intend for his blows to
kill than a sober one, but rather more so.
These grounds do not show error.

The judgment complained of is not er-
roneous for any reason assigned.

Judgment affirmed. -
All the Jusyees concur.

207 Ga. 341
PARIS v. PARIS et al.

PARIS v. PARIS.
Nos. 17237, 17238.

Supreme Court of Georgia.
Oct. 11, 1950.

Proceeding by Mrs. Ethel T. Paris, as ad-
ministratrix of the estate of U. E. Paris,
against Ray Paris, secking injunctive relief,
and to compel the defendant son to deliver
rertain documents alleged to have been giv-
en to the defendant not as a gift, but for
safe-keeping only. The defendant answered
denying delivery for safekeeping and averred
that documents were given as a gift. The
Superior Court, Bartow County, J. H,. Pas-
chall, J., rendered judgment for the peti-
toner on jury verdict and the defendant
brought error. The petitioner filed a cross-
WH of exceptions. The Supreme Court, At-
Kinson, P. J., held that the court erred in ad-
mitting certain testimony pertaining to the
creumstances surrounding the delivery of
the documents to the defendants, and also in
its charge that such evidence was only for
Umited purposes.

Judgment reversed on the main bill of ex-
wptlons; cross-bill of exceptions aflirmed.

1. Evidence €=271(10)
Declarations of donor made after time

of alleged gift, and while the donee was in

possession, are not admissible to disprove
the gift, although other declarations admit-
ting the gift are in evidence for donce.

2. Evidence €>271(17), 317(18)
Trial €=207

In proceeuing by administratrix to com-
pel delivery of certain documents which de-
ceased’s son claimed had been delivered
as a gift and not safe-keeping only, the
admission of testimony as to remarks made
by the father shortly before his death to
the effect that delivery of document was for
safe-keeping only was error and the charge
that evidence was admitted for limited
purpose only was equally erroneous. Code,
§ 48-105.

3. Gifts €=50

In proceeding by administratrix to
compel delivery of certain documents which
deceased’s son claimed as a gift, and plain-
tiff claimed were placed in son’s hands for
safe-keeping only, whether the deceased in-
tended to make a gift was an issue of fact
for jury.

4. Evidence €=271(17), 317(18)

In proceeding by administratrix to com-
pel delivery of certain documents which de-
ceased’s son claimed as gift and plaintiff
claimed were delivered for safe-keeping
only, the exclusion of testimony as to state-
ments made by alleged donor to his wife
before taking the documents to his son to
the effect that delivery was for safe-keep-
ing only was not error. Code, § 48-105.

Syllabus by the Court.

1, In an equitable suit by an admin-
istratrix to compel the defendant to sur-
render possession of documents alleged to
have been delivered to him by the intestate
for safckceping, the court erred in permit-
ting testimony that the intestate stated
shortly before his death that they had been
Ieft with the defendant for safekceping,
and erred in instructing the jury that the
evidence was admitted for the purpose
stated.

«
4>

696. Ga.

part of my abdomen, slight to the right of
the center, and came out behind my right
shoulder.” Upon cross-examination of this
witness the attorney for the accused brought
out the following: “The bullet went in me
in here [indicating] and came out here
[indicating]. It did not hit a rib or any-
thirg, but just fractured one, * * *
fractured the fifth rib.”

[1] “It is a general rule of practice
based upon sound principle that the ad-
micss‘on of evidence over a party’s objection
will in no event require the grant of a new
trial when substantially the same evidence
is admitted without objection.” TIerndon
v. State, 178 Ga. 832, 846, 174 S.E. 597,
605, and cit.

{[2] Aside from the foregoing, the wit-
ness had been shot by the accused in the
same transaction in which the accused had
killed another person; and the fact that
the witness had been treated at a hospital
could not have been injurious to the ac-
cused,

[3-5] 2. The accused objected to the in-
troduction of an ordinance of the City of
Macon, to wit: “Disorderly conduct—de-
fined. It shall be unlawful for any person to
act in a violent, turbulent, boisterous, inde-
cent, or d'sorderly manner or to use profane,
vulgar. or obscene language in the city, tend-
ing to disturb good order, peace, and dignity
in said citv.” The objections were (a) that
the ordinance, to be admissible, had to be
pleaded. (bh) that it was too indefinite and
uncertain to be enforced, (c) that there was
no evidence to authorize it. None of these
obiections has any merit. It was not nec-
essary for the ordinance to be incorporated
in the indictment. The ordinance is not too
indefinite and uncertain to be enforced, and
there was evidence authorizing its intro-
duction. It was admissible for the purpose
of showing the authority of the city police-
mar to mike the arrest. Porter v. State,
124 Ga. 297, 52 S.FE. 283, 2 L.R.A.,N.S., 730;
Glaize v. State, 156 Ga. 807, 813, 120 S.E.
530.

Grounds 3, 4, and 5 are expressly aban-
doned.

3. Grounds 6 and 7 are predicated on the
charge of the court on the subject of mutual
combet as related to voluntary man-
slaughter. The court charged as follows:
“Now, gentlemen, there is another prin-
ciple of law which I will give you in charge
in this case, but I charge you that you
should not proceed to apply this principle

25 SOUTH EASTERN REPORTER, 2d SERIES

to the case unless you should first find
certain facts to exist; and that principle
is the law of mutual combat; and it is in-
volved if two persons on a_ sudden
quarrel, each being willing to fight, engage
then and there in a muttal fight with weap-
ons, and one kills the other as a result of
passion engendered by such combat, such
a killing is voluntary manslaughter. Before
you consider these instructions, gentlemen,
which instructions have been given to you
with reference to the law of mutual combat,
I caution you that you would have to be
satisfied from the facts of the case that
both the decersed and the defendant were
mutually agreed and willing to fight with
Weapons upon a sudden quarrel. It is not
necessary that there should be an express
agreement that two persons are to engage
in mutual combat; but if the parties are in
fact willing, both expectant, that the dif-
ficulty is to be fought out with weapdns,
the difficulty is launched upon a sudden
quarrel, and each person draws a weapon
and engages in mutual combdat, and one
slays the other as a result of passion en-
gendered by such combat, then the one slay-
ing is guilty of voluntary manslaughter.
Now, gentlemen, if you believe that the de-
fendant, Edmund Reed, did kill the de-
ceased, J. G. Favors, unlawfully and inten-
tionally but that in so doing he was not
actuated by malice, either express or im-
plied but that he was actuated by that
sudden violent impulse of passion supposed
to be irresistible, about which I have just
charged you, or that said killing was the
result of passion engendered by mutual com-
bat as that has just been defined to you,
then your verdict should be one for volun-
tary manslaughter.” The objections and al-
leged errors to this charge are voluminous
and cover many pages, but may be ade-
quately covered as follows:

[6] (a) Accused alleges that it was
error to include the following portion.
“both expectant that the difficulty is to be
fought out with weapons, the difficulty 1s
launched upon a sudden quarrel, and each
person draws a weapon and engages 1
mutual combat,” because “it put upon th:
accused the burden of establishing that th:
deceased intended to fight with a weapon
was willing and expectant that the dit
ficulty be fought with weapons, and that
the accused must prove that the deceased
drew a weapon when engaged in a suddet
quarrel.” There is nothing in the charg
complained of that would place the burden

REED v.

25 SE

on the accused to prove any fact necessary
to constitute mutual combat.

[7] (b) Accused alleges that it was
error for the court, in defining mutual com-
bat as related to voluntary manslaughter,
to describe and define it so as to make it nec-
essary, before mutual combat would exist,
for it to appear that both draw weapons,
or that both strike blows. It is not neces-
sary to pass upon the correctness of this
extract from the charge, because in the
instant case three witnesses were introduced
by the accused, Horace Foster, Bill Crus-
selle, and Andy Anderson, who testified
that both the accused and the deceased had
weapons and they both struck blows, the
deceased striking with a blackjack and the
accused shooting with a pistol. If the
charge complained of contained require-
ments to constitute mutual combat that
should ordinarily not be included in its defi-
nition, still in the instant case it was ad-
justed to the evidence of the accused and
could not have been injurious to his case.

[8] (c) Accused alleges that by the
last paragraph of the charge set forth above
the court commingled and confused the
general law of voluntary manslaughter with
the law of mutual combat as related to
voluntary manslaughter. Just preceding the
charge above set forth the court had
charged generally on the law of voluntary
manslaughter, as contained in the Code, §
26-1007, and the last paragraph of the
charge set forth above was summarizing
and explaining the two circumstances under
which the jury could find the accused
guilty of voluntary manslaughter, and was
not error for any reason assigned.

[9-11] 4. Under grounds 8 and 10 the
accused alleges error in the charge of the
court stating that a police officer of a
municipality has a right to make an arrest
without a warrant for a crime committed
in his presence. There are two portions of
the charge objected to, and several ob-
jections under each; but all objections are
based on the position that an officer has no
right to make an arrest for a crime com-
mitted in his presence, except where it is
made to appear that the officer has not
had time and opportunity since the com-
mission of the offense to procure a warrant.
The rule is that an officer has a right to
arrest for a crime committed in his pres-
ence; but there is an exception to this rule,
which provides that the rule does not apply
if the officer does not act on the occasion

25 S..2d—4414

. STATE Ga. 697

2,20 62
he sees the crime committed, but delays and
seeks to make the arrest on a subsequent oc-
casion after he had had ample time and op-
portunity to procure a warrant. The rule
will be found in the Code, § 27-207, and
decisions of this court. Graham v. State,
143 Ga. 440, 85 S.FE. 328) Ann.Cas.1917A,
595; Glaze v. State, 156 Ga. 807, 120 S.E.
530; Faulkner v. State, 166 Ga. 615, 144
S.E. 193, and cit. Cases where the ex-
ception to this rule has been applied are
Porter v. State, 124 Ga. 297, 52 S.E. 283,
2 L.RA.,N-S., 730; Yates v. State, 127
Ga. 813, 56 S.I. 1017, 9 Ann.Cas. 620; yet
cach of these cases recognizes the rule as
above stated, but applies the exception be-
cause the arrest was attempted subsequently
to the time the crime was committed, and
after there had been sufficient opportunity
to procure a warrant. We may add further,
that where a crime is committed in the
presence of an officer, it is not only his
right then and there to arrest without a
warrant, but it is his duty to do so. Earl
v. State, 124 Ga. 28, 52 S.E. 78. There is
no evidence in the instant case that would
have authorized the court to charge on the
exception to the rule above stated.

5. The ninth ground alleges error in
that portion of the charge of the court deal-
ing with the law of arrest without a war-
rant when the crime is committed in the
presence of the officer; the court chargirg
in substance that if accused was in pos-
session of a pistol in violation of the Code, §
26-5103, in the presence of the deceased, the
deceased had a right to arrest the accused.
This was alleged to be error for the reason
that the court should have gone further and
qualified the charge by adding that the
possession of the pistol would not be in
violation of the law if the accused suddenly
“acquired possession of the pistol * * *
for immediate self-defense,” or “if the pos-

with no intent to have or carry the weapon
about his person from place to place.”
Where a person is being prosecuted for
carrying a pistol without a license, he may
defend the charge on the ground that his
possession was not illegal. It has been held
that one who finds a pistol on a_ public
road and carries it to -his home solely for
the purpose of safe-keeping does not vio-
late the law. Cosper v. State, 13 Ga.App.
301, 79 S.E. 94. The manual possession of
a pistol for such a length of time as is
necessary to examine it with a view to its
purchase is not an illegal possession. Jack-

aA 2

SITY u

wh SLR

698 Ga.

son v. State, 12 Ga.App. 427, 77 S.E. 371.
In a sudden emergency when the use of a
pistol is absolutely necessary for defense of
person, family, or property, momentary
carrying for that purpose is not unlawful.
Amos v. State, 13 Ga.App. 140, 78 S.E. 866;
Harris v. State, 15 Ga.App. 315, 85 S.E.
813.

[12] While it is true that our courts
have recognized the above instances as good
defense to the charge of carrying a pistol
without a license, still there is an entirely
different principle of law involved in de-
termining the legality of an arrest of one
who is in possession of a pistol, and in
determining, upon a trial, whether or not
the possession of the pistol was lawful.
Upon the trial the State makes out a prima
facie case of guilt on proof that the accused
had in his manual possession a pistol out-
side of his home or place of business; and
it is then incumbent on the accused to es-
tablish a lawful possession.. Blocker v.
State, 12 Ga.App. 81, 76 S.E. 784; Brown
vy. State, 15 Ga.App. 484, 83 S.E. 890;
Elkins v. State, 17 Ga.App. 479, 87 S.E.
713; Webb v. State, 18 Ga.App. 44, 88
S.E. 751.

[13-15] In passing upon the right of an
officer to make an arrest of one who is in
possession of a pistol on the public street of
a city, where the possession of a pistol
makes a prima facie case, the possession in
the presence of an officer determines the
right of the officer to make an arrest, even
though upon the trial of the case the ac-
cused might present a legal defense. Ac-
cordingly it was not error for the court to
omit a charge that the possession of the
pistol would have been lawful if the pos-
session was merely temporary, or if the
possession was suddenly acquired for im-
mediate self-defense. In the instant case
the accused had a pistol in his hand
when the deceased officer approached and
sought to arrest him; and if the ac-
cused felt that he was entitled to have
the.court charge upon circumstances that
would have authorized the jury to determine
that his possession was a legal one, a proper
request should have been made therefor.
We do not pass on whether it would have
been error for the court to decline to give

25 SOUTH EASTERN REPORTER, 2d SERIES

such a charge, as there is no evidence in the
record that would show that the deceased
had any knowledge of any circumstances
justifying such possession of the pistol.

[16] 6. Under ground 11 the accused al-
leges error in the court’s omission, with-
out request, to charge as follows: “That if
the jury found that the deceased was under-
taking to make an illegal arrest, and the
accused killed the officer to prevent an
illegal arrest being made, the jury would
have the right to grade the offense volun-
tary manslaughter.” On this subject the
court charged: “An attempt by an officer
to make an illegal arrest is itself an unlaw-
ful assault and, as such, may give rise to a
heat of passion on the part of the person
sought to be arrested; if such person, under
such circumstances, acting solely from a
heat of passion, and without any mixture
of deliberation or malice, either express or
implied, kills the officer, the killing would
not be any greater offense than voluntary
manslaughter.” Accordingly there is no
nerit in this exception.

[17,18] 7. Attorneys for the accused in
their briefs and oral arguments before this
court insist very strenuously that the verdict
in this case is not a correct verdict, and.
that if the accused was found guilty of any
crime it should not have been for more than
voluntary manslaughter. The court charged
to the jury the law of murder, voluntary
manslaughter, and every phase of justi-
fiable and excusable homicide that was ap-
plicable to the evidence. There was evi-
dence to support a verdict under either
grade of homicide, and it was the duty of
the jury to apply the law as given by the
court to the evidence and return a verdict
for the particular grade of homicide that
in their judgment was applicable. The
Supreme Court being a court for the cor-
rection of errors of law, it is not the prov-
ince or within the power of this court to
grant a new trial and set aside a verdict of
the jury, even though we should disagree
with the jury’s application of the facts,
where there is sufficient legal evidence to
support the verdict and it has received the
approval of the trial judge.

Judgment affirmed.

All the Justices concur.

So eT IE nepho ee

LEWIS & HOLMES MOTOR F. CORP. y. CITY OF ATLANTA Ga. 699
25 S.E.2d 699

LEWIS & HOLMES MOTOR FREIGHT
CORPORATION v. CITY OF
ATLANTA et al.

No. 14478.

Supreme Court of Georgia.
April 14, 1943.

Rehearing Denied May 8, 1943.

1. Municipal corporations €=956(1)

A municipality may levy no taxes,
except where the power to do so has been
plainly conferred by the state.

2. Municipal corporations C=956(!)

Generally, the legislature’s grant of the
taxing power to a municipality is strictly
construed.

The authority of municipalities to levy
a tax must be made clearly to appear, and
doubts, if any, as to the power must be re-
solved against the municipality.

4. Municipal corporations €=956(!)

The power to tax is a separate, inde-
pendent power, and its existence in munic-
ipalities cannot be inferred from conferred
powers.

5. Municipal corporations C=956(1)
The burden is on a municipality de-
manding taxes to show its authority to

- exercise the taxing power in the manner

in which the tax has been imposed.

Personalty, in the absence of a law to
the contrary, has a situs for taxation at the
owner’s domicile, but may be separated
from the owner, and taxed on its account
where it is actually located or used.

7. Municipal corporations €=966(3)

While the state for the purpose of taxa-
tion may separate from the domicile of the
owner situs of personalty which is kept in
transit and which may not be said to have
any one fixed location, and provide for
assessment of such personalty for municipal
taxation, unless the state does so, a munic-
ipality may not declare a separate situs for
such personalty, thus subjecting it to taxa-
tion. Code, § 92-101.

8. Municipal corporations C=966(3)

Under city charter granting only gen-
eral powers to the city to levy ad valorem
taxes on property subject to taxation under

state law, city was not authorized by “for-
mula” to assess for taxation nonresident
corporation’s trucks moving into and out of
city in interstate commerce and having no
fixed location within city, upon basis of the
“average number” of trucks which might
be treated. as being at all times within city,
where no general statute authorized such
assessment. Code, § 92-101.

Syllabus by the Court,

1. A municipality may levy no taxes
upon its inhabitants or upon property there-
in, except where the power to do so has
been plainly and unmistakably conferred
by the State.

2. Personal property, in the absence
of any law to the contrary, follows the per-
son of the owner and has its situs at the
domicile of the owner. But for the pur-
poses of taxation it may be separated from
the owner, and it may be taxed on its ac-
count at the place where it is actually lo-
cated or used.

3. While it lies within the power of
the State to separate for the purpose of
taxation such situs from the domicile of
the owner as to that class of personalty
which is kept in transit and may not be
said to have any one fixed location, and
to provide for its assessment for municipal
taxation, unless it does so the municipality
may not declare such a separate situs and
thus render such property subject to taxa-
tion where it otherwise should not be so.

4. Accordingly, in this State no gen-
eral statute having been enacted which
would authorize it, a municipality does not,
under ifs charter granting only general
power, have the authority by “formula” to
assess for taxation trucks owned by a
nonresident corporation which move into
and out of the municipality in interstate
commerce, but which have no fixed loca-
tion within the municipality, upon the basis
of the “average number” which might be
treated as being at all times within the
municipality.

gee

Error from Superior Court, Fulton Coun-
ty; Bond Almand, Judge.

Suit by Lewis & Holmes Motor Freight
Corporation against the City of Atlanta
and others to restrain defendants from com-
pelling plaintiff to return for taxation the
average number of trucks used by plaintiff
as a common carrier in transporting prop-
erty in interstate commerce into and out of

1 WILL

For
‘d said
efend-
ie con-
‘ade it
money

e part
fraud-
e fee-
ng no
after
esent-
ing to
whose
jut he

ement
yperty
‘st, in
be ac-
ler: in
l, and
‘fused
hat it
prop-
oar“
cc
a
right

that

and
y de-
deed
ly all
ingle
oO pe-
f the
t the
Mrs.
Seto
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'SSes-
ined
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REED,

Oscar

—

akx black, electrocuted Ga, (Bibb = c of v) on April 28, 19)be

REED y. STATE Ga. 505
29 8.E.2d 505

R. Carter Pittman, of Dalton, for de-
fendants in error.

Syllabus Opinion by the Court.

GRICE, Justice.

[1] 1. “It is an elementary rule of
construction, as applied to a pleading, that
it is to be construed most strongly against
the pleader; and that, if an inference un-
favorable to the right of a party claiming
a right under such a pleading may be fair-
ly drawn from the facts stated therein,
such inference will prevail in determining
the rights of the parties.’ Krueger v.
MacDougald, 148 Ga. 429, 96 S.E. 867.

[2] 2. While the petition in the in-
stant case refers to a loan, it alleges no
promise on the part of the plaintiff to pay
any sum, and when construed most strong-
ly against the pleader, under the forego-
ing rule, it shows merely a sale of the
property with an oral option to repurchase,
the latter being in conflict with the deed
and therefore unenforceable, and does not
show a security deed with possession held
by the grantor. The court did not err in
sustaining the general demurrer and dis-
missing the petition.

Judgment affirmed.

All the Justices concur,

° KEY NUMBER SYSTEM

+aAnmMse

REED v. STATE,
No. 14782.

Supreme Court of Georgia,
March 8, 1944.

!. Homicide €=290

In prosecution for killing another with
heavy work shoe having metal cleat, charge
on use of deadly weapon was not objection-
able as not being adjusted to the issues.

In prosecution for killing another with
heavy work shoe having metal cleat, charge
that law presumes intent to kill where per-
son uses deadly weapon as ordinarily em-
ployed to produce death was not objection-
able as expression of opinion that shoe was
a deadly weapon.

29 8.M.2d—324%

3. Criminal law €=761(8)

In prosecution for killing another with
heavy work shoe having metal cleat, charge
that law presumes intent to kill from use
of deadly weapon as ordinarily employed
to produce death was not objectionable as
excluding from jury the right to find that
shoe was not deadly weapon or was not used
in manner likely to produce death.

4. Homicide €=286(2)

Where there was testimony to authorize
consideration of offense of murder, it was
not erroneous to give in charge the Code

section defining express malice. Code, §
26-1003.

5. Homicide €=311

A charge that verdict finding ac-
cused guilty of murder would require elec-
trocution unless jury recommended mercy
and that jury could make such recommenda-
tion with or without reason was not incor-
rect as an abstract principle of law.

6. Homicide G=311

A charge that verdict finding accused
guilty of murder would require electrocu-
tion unless jury recommended mercy and
that jury could make such recommendation
with or without reason was not erroneous
as restricting jury in privilege of returning
verdict with recommendation of mercy.

7. Homicide €>309(3)

It was not error to fail to charge the
law of voluntary manslaughter where there
was no evidence of actual assault on ac-
cused or attempt by victim to commit serious
personal injury on accused or other equiva-
lent circumstances to justify excitement of
passion.

8. Criminal law @=517(2)

In homicide prosecution, testimony that
accused confessed that he raped deceased
and then pulled off his shoe and beat her
over the head was admissible as against ob-
jection that it involved crime for which
accused was not on trial.

It is no valid ground of objection to
admission in evidence of incriminatory
statement or confession made by accused
in criminal case that language indicated tha+
accused. had coinmitted also another anc
separate offense.

sainiackaillil-caitaoen

Error from Superior Court, Bibb Coun-
ty; A. M. Anderson, Judge.

;

SE in hls Sr Midin Dha Lhnancti Manet chaos ten coeedbaase

29 SE (2) 505
REED, Oscar, black, 26, electrocuted Georgia (Bibb County) for rape (cofv) on )-28-19)h.

"COURTHOUSE NEWS - TWO NEGROES ARE SCHEDULED TO GO TO DRATH CHAIR TODAY, = Robert Walker and
Oscar Reed, Negroes, convicted in Bibb Superior court for assaulting white women, are
scheduled to die in the electric chair at T,tthall prison, Reidsville, today between the
hours of 10 aem,. and 2 pem. Wlaker and Reed were tried here under change of venue from
Dodge and Jones Counties respectively. Charged with attacking an elderly crippled white
woman near Gray, Gas, Walker entered a plea of not guilty during a trial last summer, He
contended that he was not in the vicinity of the crime when it happened. A Bibb jury
convicted the Negro and Judge A. M, ‘Anderson, now serving in the Navy gave the supreme
penalty. Walker's attorneys immediately fikeéfl a motion for a new trial and carried the
case to the Georgia Supreme Court, The state court reversed the Bibb decision and ordered
a new trial, Walker was sentenced again to die in the electric chair only a few weeks ago,
An alleged escaped convict, Reed was convicted and given the death penalty on a charge of
assaulting an elderly white woman in Dodge county. According to court records, Reed left
his convict camp shortly before noon last May and attacked the woman in the woods while

she was going to a negghbor'’s house, The Negro's case was carried to the state Supreme
court where the Bibb @ecision was upheld, The Negroes will be the first condemned men to
die in the electric chair from Bibb county since the electrocution of Isaac Irwin early

in Januarye" TELEGRAPH, Macon, Georgia, April 28, 19h, page 2.

"TWO NEGROES ARE EXECUTED AT STATE PEN, ~ Two Negroes, convicted in Bibb Superior Court
for assaulting white women, went to their deaths yesterday in the electric chair at Tatt~
nall prisoh, authorities at thestate penitentiary disclosed, Oscar Reed, convicted on a
charge of attacking a Dodge County white woman was electrocuted at noon while Robert
Walker, convicted of attacking a crippled Jones county woman, died ten minutes later, We
T,. Wallace, deputy superintendent of the prison, said, The deaths of the two Negroes in
the Reidsville electric chair ended long court fights in Bibb County and before the state
supreme court, Both negroes were tried and convicted last summer but immediately filed
motions for new trials, The state supreme court awarded Walker a new trial but upheld
the Bibb decision in the Reed case, Both negroes were resentenced before Judge Mallory
C. Atkinson only a few weeks ago and transferred to T,ttnall prison earlier this weeks
AuthoritiesHaXMXKKA said the two Negroes showed no emotions before facing death in

the chair," TELEGRAPH, Macon, Georgia, 29 April, 19, page sixs

57 SOUTHEASTERN 227; 59 SOUTHEASTERN 288
ROGERS,. Willie, White, hanged for wife murder at Savannah, Ga., on February 25, 1908,

"Savannah, (ia,, Feb. 25, 1908-Willie' Rogers, slayer of his wife, was hanged this morning
in the county jail for the murder of his wife, This hanging is the last chapter in a
long fight to save a man from the gallows, His attorney, Judge H, D. D. Twiggs, left no
stone unturned to prevent the execution and only gave up at the last moment. He asked
the sheriff to s tay the execution as long as possible so there would be no, chance for
the governor to change his mind and then find that it. was too late, The trap dropped

at, XEXXSXBXAX 1:13 o'clock, and he was pronounced dead in 15 minutes. Rogers met his
death calmly, with the same lack of interest he has manifested in his fate all the time,
When asked on the trap,if he had anything to say, he replied, 'Nothing.' His neck was
broken by the fall, His body was taken in charge by his father and will be interred

in Effingham County tomorrow. “ogers bade his father, brother and sister-in-law goodbye
two hours before the execution, doing so calmly and requesting them not to shed any
tears. Rogers seemed little concerned over his impending fate during the morning,. He
ate breakfast this. morning and received his father and Rev. J. S. Wilder, his spiritual
adviser, in his cell. He bore up better than it was thought, he would, There has never
been anything of the bragadocio in Rogers. He said at first he had killed his wife in
self-defense, but after that he made kittle defense of his act and seemed to fall into a
spirit of unconcern, He refused to have his picture taken for the newspaper, but when
his lawyer advised that one be taken for an exhibit to the prison commission in an effort
to get a pardon,. he consented and sat for it in the jail yard.

"Within the past several months he had been in a mood for the reception of religion, and
has been very attentive to his Bible, He liked to hear the chapters of the Bible read
upon the forgiveness of''sin and the certainty of salvation for those who repented of thei
wrong doings, He made no extended speech from the gallows and did not seem much concern-=
ed over the preparations being made to launch him into a sphere that he knew not of, He
was uch the calmest man apparently in the cell of death when the officers surrounded him
to tie his limbs and adjust the black cap, the last act before he was to be shot downward
for a space of six feet of more to death, This was the first white man any of the Chathe
am County officers had ever had to hang and they were visibly affected because of the
ordeal, The hanging of Rogers made it all the harder for the jail officials because many
of them thought him an irresponsible imbecile and a man who should not be hanged.

"The condemned man presented a most pathetic fighre as he was brought to, the scaffold,
The march from his cell to that containing the gallows was short, being not more than

15 feet, but it was made without incident, Rogers was a very small man with clean shaven
._ face and thin lips. His fingers were marked with the nicotine stain of cigarettes, He
was addicted to, the use of these things to a most remarkable degree. He mmoked a ciga-
rette two minutes beofre he was sentenced,to death for, the last time and frequently in-
dulged in them during the time for the death watch at the jail, No man hanged in Chatham
County has ever been visited by as many physicians as Rogers, Almost without exception
those who saw him said he was irresponsbile except the doctors who visited him at the
direction of, the governor, ‘They, said he was sane and responsible for his acts,, Judge

H. D. D. Twiggs believed Rogers' mind was diseased as he says that of Guiteau was found
to be when the post-mortem examination was held over his body,

"Rogers! father and his attorneys did not give up hope for the young man until late yes-
terday afternoon when the newspaper dispat hes from Atlanta announced that the governor
was determined not to further interfere with the execution, In the jail in which Rogers
was hanged was another murderer under sentence of death, Lee Holmes , the negro from Mce-
Intosh County, twice respited, was there, So was a white man from Screven County, who
got a new trial after receivéng a sentence of life imprisonment for murder. A man named
Hit Dagers, a white man from Liberty Couty, who is to be tried this week for murder,
There were several negroes in jail who are charged with murder, but who have not yet been
tried.

"THE CRIME OF ROGERS,

"illie Rogers shot and killed his wife, Ella, in a cook shop at 633 Berrien Street, late
in the afternoon of September 30, 1906, He approached her from the rear and fired once
into her back. As she turned to flee he shot her again in the right breast, Even after

being shot twice the woman still tried to get away and just as she was going into a door
fell and died in a few minutes. Mrs. Rogers had gone into the place where she was

killed to buy some fish and turned to go into the grocery store attached to the cook shop

ROBINSON, John, black, hangedDublin, Georgia, January 3, 1902.

Dec. 9p 1901.
"Dublin, Georgia, XAMMAR~MSY XXAN. - John Roberson, who assaulted and murdered Bertha
Simmons, a negro woman, last May, has been sentenced to hang on January 3 within the
walls of the courthouse in Laurens County. The murder occurred on the plantation of
S. Je Padgett, a short distance from this placeseee(the remainder unreadable. Headline
states this would be first execution in the county "since the war.")eee' JOURNAL,
Atlanta, Georgia, December 9, 1901 (2/1.)

"(Special Dispatch to the Journal.) Dublin, July 27, 1901, = In the superior court
here yesterday the case of the state vs. John Robinson, charged with the murder of
Bertha Simmons, both negroes, was taken up and he was convicted of murder and sen-
tenced to be hanged. They were both Dublin negroes, and in May went to work on the
farm of Mr. Rinehart, a short distance from town. Before leaving some trouble had
existed between the Simmons woman and Robinson's wife, but it had been smoothed over.
On the day of the murder the Simmons woman went fishing near the field where Robin-
son was plowing. Soon after Robénson hitched his mle and went to the creek and
choked the woman to death with the handkerchief he wore around his neck. He returned
the mule to the stable and made his escape, but was captured, In Savannah and brought
back for trial, and Laurens County will have a hanging,"

JOURNAL, Atlanta, Georgia, Juby 27, 1901 (2/h.)

, er em a
about his neck, Thecrowd watched it all eagerly. The black cap was drawn from the
sheriff's pocket and paaced over his head, drawn down and tied, All was ready), A, deputy
hurried down the s teps where the rigger of the gallows was; another supported the negro
who seemed to grow weak and faint as the cap was placed ons, ‘One, two three,’ shouted
the sheriff in’a loud, clear voice, but slowly and in a measured tone. As the sound
of 'threet rang ‘out the deputy at the trigger gave it‘a quick. jerky, the trap fell and
Robinson swhng-out at the rope's end,' struggling slightly as he fell. . Someone. far .out..
in the crowd hallowed: ‘Hurray§ Three cheers for NAXI Cobb County.' anda great
cheer from 100 throats rent the air as the man swayed and.struggled at. the rope s ende
"The next instant after the trap was sprung, 'Stand.back there. and keep guiet,! commanded
the sheriff, as the crowd surged up to the gallows, the guards at. the opening Grove ‘them
back, ‘and ethe cry 'down in front' came from every quarter. Those nearest the gallows ;
knelt down and the wild crowd back further on the hill could see the swaying figure.
All this -time Robinson was struggling convulsivelys Dre C, tT. Nolan, appointed
by~the court; Dr. % H. Perkinson and Dre W. Le Dean stood by the figure and watched ite
Everyoné who had-onecheld his watchin his hand/! The doctors felt the pulse and.
applied a stéthéscope to hig breast’ far many minutes after the struggles had ceased.e
As they waited for death to come, an old negro man, exckted and weeping, forced his way
through the crowd up to the open side of the enclosure. "Let me come in,' he siad
brokenly to the guards gathered about, "Let me see my poor, poor boys! ‘He can't dosany
good now,"said Dr. Nolan, and the negro was told to wait. 'Oh, let him come in,'.shouted
several, and he was allowed to approach the doctors as they worked with the body of his
sone ‘Oh, my boy, my boy,' he sobbed, Gentlemen,’ he said, turning to the crowd, .'I
was in Anderson, S.C. I couldn't help it, «I am-going to ask the law for the body of
my poor boy to carry home,@ and he sobbed brokenlys° "You may have the body,! the sheriff
said, ''Thank you, thank youj? was the grateful answer. At lL.o'clock the doctor turned
to the sheriff and said: "You may cut him down now,' this was sixteen minutes after he
had fallen. A long smooth board was laid beneath the figure to lay it on. Two deputies
took it in their arms, Sheriff Bishop hacked the rope.in two and the body was laid
gently on the board, The old man pillowed the head on his breast and wept silently.
No coffin had been prepared and a negro was dispatched to town tor buy. one, Sheriff Bishop
asked the-colored people present to come upoand assist the old man... Many of them, did. so.
In a shor§ time the coffin was’ brought in an undertaker's wagon, the body placed. in, it
and cariied to the depot to be carried to Anderson, Ss Ce, as this was the desire.of his
father, but for’ the want of sufficient means to pay the expenses it. was later decided to
inter the remains. here andva sufficient amount was quickly. given, to the old brdken- _.
hearted father to defray the expenses. The interment will take place this afternoon.
The people gradually drifted away. from the scene’ and.this dark story of.a terible crime
and a’ swift punishment bevame a thing of thepasteesese(The, remainder, of article recounts
moving him via'trian from Atlanta Tower: to Marietta that MOTNANE see) om! ; - a
CONSTITUTION, Atlanta, Georgia, September i, 1900:.(1:7 )- : Photograph ofRobinson, page.1.
"..RObinson, the,negro is about 21 or 22, he sayse’ He is of a Low, order of intelligence
and realizes, little. of. what his condition really is, /His parents live at Anderson, Sw. Gly
or rather near there, as his farmer rents a small’ farm near there and lives,.on this, rented
land.seeRobinson, according to his story.'told to a reporter, says that he and his older
brother expected to secure land last spring to cultivate on the 'crppper': plans’ He de-,
cided to come to Georgia for work, however, befpre’ this’ land was secured, About. 6 months ago
he left his home and worked, his way! to, this state, going’ finst to Elbert County and
working by the day. He drifted from one place to another in Elbert, Clarke and adjoin=-
ing counties, working by the day only. Tired of this he went further west and secured
work near Mableton, Georgia, where he remained about a month, having just left there _
when the. crime was committed... JOURNAL, Atlanta, Georgia, August: 29, 1900 ( 3/586.)

For accounts of erime and trial, see JOURNAL, 8-8-1900 (10/1-3) 3 8-10-1900 (1/he7)
and 8-7-1900 (1/5=7%) ees » biro? if .

€

ROBINSON, Sally tacky hahged at Marietta, Georgia, | on ‘September Ist, 1900...

"Marietta, Gas, Sept. k (by Ry W. Lillard.) = In the shadow of the vine hills: of Cobb
County, on this the first day of gutumn, Sam-Rabinson swung to his death from the
gallows at Marietta, am the watch of Sheriff ‘ticked 16 minutes to ll o "clock this
morning. For 16 minutes the body. swayed atthe ‘rope's end before the physicians pro-.
nounced him'dead. At 10:30 this morning Robinson,’ guarded lby about 60 men all told,
entéred the high fenced enclosure of the gallows. This was on the grounds of Anderson
BrOSey now used for a pabture, but formerly ‘part’ of the grounds of the old Georgia
Military Académp. ‘Hundreds of people from-all over ‘the county were gathered ground

the enclosure, Around the scaffold, besides thecondemned man, were the sheriff, two.
nerro *preachersy, several reporters aid about 35 deputies and guards, The eah lowe. was
built at the foot of «a long -hill that nose to the-east like a great amphitheatre. .

On the wide hill a’ black crowd of people were .gathrered, men; women and children, Dow=
ens of buggies and wagaons stood about filled: with eager, excited ‘people. Just as
Robinson was taken into’ the enclosure, George Inzery hhs wife, and brother-in-law
entered the gallows gate, “Mrs, Inger was the woman whom Robinson ‘assaulted for which
crime he “was ‘now eto pay the reléntless pénalty of death. -Murmurs of disapproval were
heard in ‘the erdwd ‘and among the°guards as the Inzers: forced themselves into the gallows
enclosuré, The guards ‘gatheréd themselvesin a:mass against the east sjde of the..
gallows fence resting their:guns: on the ground. tside the euards who were stationed
there « moved the Growd back fyom the fénce 30 or hO feet. -Thiseast side of the fence,
had been €ut away and was* supported by:ropes run though it. and. bound, to ‘the, other two.
side walls which°were firmly erected andsolid, ‘The crowd had: been cleared away and
some” one’ who: stood in°the°cérners of the: eniclesure cut the rope, the guards cried: 'Look
out' and with a clatter the high-east'wall of -the'fence fell heavily and easily to the
ground, Thé space there looked’out upon the hill*side.on which the crowd was paaked
and jammed’ for yards and yards back, A cheer went, up from the crowd as the fence fell
and exposéd'to their gaze the gallows and its vicfim over near the west side of the t
enclosure, This was all preéprranged and the crowd-knew that they. were to see the
execution, They waited’ expectantly at the grounds and: spoke of it: down in towne The
enclosure for the gallows. was built of new undressed timber as was the, gallows itself, .
This fence was about 15 feet high and the space enclosed: was about sixteen feet souare.
The gallows platform stooda about 8 feet off of the’ ground and the steps leading up.to
it weré narrow and steep, This platform wasinot over eight: feet square, though a bench,
had been placed on the side of the platform, away from the trap and gainst the west
wall, ~ Robinson and the two ministers sat on this’ bench, -These two colored preachers
were D, Be Bonds and $,.A, Paris, both.of Marietta, The crowd:was commanded to stand
back and keep silent: and Paris arose, Bible’in hand, He read slowly a Psalm and then
Robinson with his hat removed, his smoking cigar’ grind on the rough, bench and, his face
buried in his hands, knelt while Paris prayed,: As the prayer was concluded Paris

, shee Robinsons hand. Are you ready. to go, brother?! he asked, ~'Yes, I'm,ready to,,,
die,’ was the cool answer, Then Robinson and Paris’ knelt again, .D, 3B, Bonds, the
other preacher, a tall‘ colored man with long whiskers, stepped out on, the trap and faced
the crowd, Lif6éing up his hands, he began a prayer, He prayed fervently and long ang,
seemed to lose himself. The prayer became almosti'a chant as his voice rose and fell,
floating out to the crowd on’ the hill side, He, and Pris, both stepped up to Robinson

as he finished praying and took his’hands in theirs, "Goodbye," they said, 'Goodbye, *
Robinson said, "I hope I'll meet you in heaven,'

"The sheriff stepped ‘up and unlocked one lock of the. handcuffs, brought Robingon's.

hands behind his back ahd locked them together’again with the iron cuffs. 'Give me

the strap,! he said. 'Lét himtalk if he wants to, ! someone, on the platform said.

‘I'm going to in a minute," answered the sheriff, The black leather straps were

then buckled about his legs, one-at.the ankles and one a the thighs and he was led out

onto the trap facing the cwowd, The negro stood on the gallows ‘trap, bound for his
death, and the relentless crowd that stretched away before him was hushed in silent
eagerness to catch his death statement, He spoke and his voice rang clear and steady:
"thet me tell you, dear friends, colored and white, never commit the crime I have,

Woe be unto the man that commits it. I want you all to forgive me, and when it is all
finished here I want to meet you in heaven, I have committed the crime and I don't deny
it. I just want to anne away now. That is all I have to say.' He finished gpealtne
and the great crowd breathed heavily again after the suspense of listening. Sheriff

Bishop stepped to his side as his voice died away and placed the noose of the new rope

As.she did, Rogers entered: from the street with a pistol clutched. in both hands... Advance
ing to within 15 feet of the woman, who did not know of his presence, he pulled the trigger.
Mrs, Rogers uttered the, single exclamation,.'Ough!}' as the bullet entered. her, back below

the left shoulder. She turned, hunting an avenue of escape, and for the first time became
aware of who had made. the atibacks

"Facing Rogers, swaying as though to avoid him in her passage to the door, she received ano=
ther bullet, This one struck her in the right breast. She turned again and started for
the door leading into the grocery. Before she reached it she fell and expired, Rogers
turned the weapon upon himself and sent a bullet low into his left shoulder, As Mrs, Rogers
. fell she carried to the floor an infant of Mrs, Pratt Shuman, which she held in her arms,
After shooting himself, Rogers stood as if dazed, R, E, Galette, who had waited upon Mrs,
Rogers, grabbed his pistol and, presenting it at Rogers, advanced upon him to arrest him,
Rogers called out, begging Galette not to shoot, He wasbacked over to the side of the

room and kept there until Patrolmen Harley and Hendry could be summoned from the union s ta-
tion,.. As ogers took his place in the patrol wagon on his way to the barracks he pulled
back his coat and looking. at. the wound he had cine ae upon himself, remarked: 'I wish it
had gone through the heart,'

"He was given a hearing in police court before Alderman W. L, Grayson, acting recorder, amd
committed to jail to be tried in the superior court for murder, The crime, was committed
after a life of domestic turmoil extending from a few days after the couple married. Mrs,
Ropers had been married before; had figured in a sensational divorce suit, of which none

of the testimony was published. During the 5 months they were married, Mrs, Rogers had her
husband arrested three times by the police and ) times she PUICTTTTIENIOCTROTTTCOCET IEC TOC!
KKK swore out warrants for him in a magistrate's cpurt, ‘That the murder was premeditated

is known from the fact that Rogers told his wife when he was driven away from home by her
the day before the killing that the next time he returned he would bring something with him,
On the day of the murder he showed a friend the pistol, which he used to kill his wife, and
stated that he was going to get revenge for the fine he paid the police that day. As
against the statement of witnesses, that the killing was a wanton murder, Rogers set up the
plea before the acting recorder of self-defense, saying he had no idea Mrs, Rogers was in
the place when he stepped in, He said as he approached her she put her hand into her pock-
et as though to get a weapon, She had threatened previously to kill him, he said, and he
thought she was preparing to carry out her threat,

"On October 19, 1906, he was convicted of murder in the first prea and Dec, 1) was set

as the date for the execution, On Oct, 20, a new trial was asked and the matter went to the
supreme court with the result that on April 2), 1907, the decision of the lower. court was
affirmed and a new trial was’ refused, The date of execution was set. for June 21, 1907,

and on June 19, 1907, an extraordinary motion for a new trial was filed, It was alleged
that Rogers was mentally unsound, On Jan, 13, 1908, this motion was denied by the supreme
court and the date of execution was set for F,b, 11. On Feb. 8, after a petition signed by
many prominent ladies of Savannah was read to Gov, Smith and the pardon board had heard an
appeal from Judge Twiggs in hehalf of the condemned man, the governor gave a respite until
Feb, 21,. when he granted a further respite until today," JOURNAL, Atlanta, Ga., 2-25-1908
(Paze Once, Column Two, photograph of Rogers on Column two,) Was described in earlier
reports as "a young white. man,"

) on Janel, 193%.

Pras: Corvicuie
Tom: Lew

bes MILLEDGEVILLE. Ga.,
feat (P).—-Edgar Rose, 26, died in. the
new? electric chair at the state pr
Ma here toda cem-
ona ber, wis, ? Dough-;
Bae f unty chain gang Ward. -
ia Rose walked composed! r into’ the
aceath charger unassisted at. 10:15:
ee. m,, Eastern standard time.> He}
he’s pronounced dead tén” minutes;
imlater. Four shocks were adminis.
to the: chalr Resi
wan (1 have con-
before God and man i
forgiven; t have noth.
&iMore:te say lig PR - a
The chaplain held & prayer’ serv. [aoe
with Rose-before h went to the
Meath chambers < i#/, : :
‘dames Worthy, an Atlante ‘Negro
Eonvicted: of: the. slaying of Berry
f. Dodson, Atlanta: street car. op-
rator, in an attempted hold-up, fol-
owed Rose to the chair ee 5
He: insisted he was innocent, ery-
ng,“ The. Lord-knowa-E7had’ nath..
ng ta do with ‘taking that) man’s
5 (gcc tee es
Worthy was pronounced dead
e030 a.m. pee oc
) Rose was convicted last January
ee or slaying Lewis ‘during: an ‘ercape
e¥ith “another prisoner,” Fred Mc-
Machen. Also convicted! inithe -2)
hg, McMichen received a hit Ben-

CG :
fbtuary 26.
e d execution, ‘trut
bh May 18 the State Supreme Court
ap pheld Judge. Gardner. in® his‘ re-
Smeoral to grant a new trial and. Rose
mer aS resentenced to die today, 5
Bee Prison rcommission. officials’. said
tose at the time ‘otzhis: escape ‘was

at;

ee.

TVing: aente Ces mprotaliing eight

tars. He was convicted in Dough-
ty County September.23, 1986,-0n
res of attempted: robbe ry,

426 Ga. 191 SOUTH EASTERN REPORTER
or clauses of a will or other instru-
ment, the ambiguity is patent. Where,
however, there is no defect upon the face
of the paper, but, when attempting to put
into effect, it appears that there is uncer-
tainty, as for instance where there are two
legatees of the same name or two pieces
of property which the description fits equal-
ly well, the ambiguity is latent. In the for-
mer case the construction and intention
must be derived solely from the words con-
tained in the instrument: In the latter case
Prati testimony may be received to enable
the reaching of a correct conclusion. 3
a of Law, 678; Donald v. Dendy, : = hee ee
'yV / . *
ig fact: ae Patterson v. Leith, 2 ing cross-examination testimony of deputy

sheriff regarding demeanor of witness and

[2] It having been settled as to the Statements made by defendant while in cus-
lands comprising the “home place” of the tody of deputy sheriff tending to corroborate
testator, there is certainly no patent am- defendant’s statement that shooting was ac
higuity. The will clearly devises “all of Cidental, held not to require reversal, where
my home Place lying on the East side of it did not set forth what quunthine were
the road from Salem Church to Hunts #8 to demeanor of witness or defendant's

Bluff and North of Machine Creek, con- Statements. ;
taining about four hundred and fifty acres”
to J. Dougal Coxe; and to Francis E. Coxe
“all of my lands known as the Home Place
lying West of the road from Salem Church °°"

= sea Phe and South of Machine
ranch and containing abo

acren”: Wilh & slat 2 eo ay a — from Superior Court, Dougherty

us, the writer hereof could not have more ign Cigar prortemnalt orenx

definitely described the lands devised un- Edgar Rose was convicted of murder, and

less complete boundaries had been resorted he brings error.

to, and a more accurate acreage given; the Affirmed.

latter being of little weight in determining Walter Jones, Rosser Malone, and Hugh

the lands devised. This is one of those inti
cases where, if there existed a latent am- genta ~ ee

biguity, its existence was created b
ig * a y the

sid WE didsrinsic facts Carl E. Crow, Sol. Gen., of Camilla, Ab-’

ed seit ue iki aie ; ner Israel, of Albany, M. J. Yeomans, Atty.

of this case is in no wise af- Gen., Ellis G. Arnall, Asst. Atty. Gen. and

fected by the allowance an issi
and admission of E, J. Clo
testimony on the theory that a latent am- = nae ee

biguity existed. The will clearly denotes
the land devised. The testimony, while
raising some technical doubt, thereby pos-

sibly creating a latent ambigui
j guity where Edgar R indi
¢ ; ose was in
94 aig pet is overwhelming that of Tom Lewis, a cick eae a.
e home pla r ivi '
beets Francis og — as ai ided gang working under the deceased were sev-
. J. Dougal eral prisoners, among them, besides Rose,

Coxe, with Machine branch as one dividi .
4 vidin Tre j
line and the road from Salem Church me Wa os ae ee

Hunt's Bluff as the other dividing line.

ROSE v. STATE.
No. 11823.

Supreme Court of Georgia.
May 18, 1937.

Syllabus by Editorial Staff.

!. Criminal law €=438

In murder prosecution, admitting in ev-
idence photographs purporting to represent
scene of homicide held not error.

Assignment, that court erred in exclud-

3. Homicide €>250
fvidence sustained conviction for mur-

Syllabus Opinion by the Court.
BECK, Presiding Justice.

According to the testimony
of Jackson and Brown, the trouble started

We have considered all exceptions and when McMichen grabbed Lewis from the
the same are overruled, and the decree and back and called to the defendant to come.
Rose started to where they were tussling,
and called to MeMichen to hold Lewis until
Just before Rose reached
them “the gun shot—about twenty feet away,

judgment appealed from is affirmed.

STABLER, C. J., and CARTER, BON- h
’ ” =X, 0 y t 4
HAM, and FISHBURNE, JJ., concur. them eck

aR Gai we gna”

CREWS vy.
1

between them.” There was a gun and a
pistol. At one time McMichen had the gun
and Lewis had the pistol. When Rose
reached them he grabbed Lewis. Then
Lewis turned on Rose and was hitting him
with the pistol, trying to shoot him. Mc-
Michen was then free and had a gun. He
told Lewis to turn Rose loose, or he would
kill him. The two separated, and Lewis
started running away. Rose told McMichen
to shoot Lewis; and when he did not, he
then told McMichen to give him the gun,
and he handed Rose the gun, and Rose shot
Lewis, and he fell. It turned out that he
was killed. The two,witnesses testified prac-
tically to the same facts. One said he wit-
nessed the tussling and shooting at about
100 feet distance; the other testified that
he was about 120 feet away. The jury re-
turned a verdict of guilty.

[1] 1. The court did not err in admit-
ting in evidence two photographs purport-
ing to represent the scene of the homicide,
and showing the truck, the persons, the
road, the embankment, and the scene; the
objection to this evidence being that “the
authenticity of the photographs was not
proved otherwise than by the testimony of a
negro convict.” The meaning of the ex-
pression “authenticity of the photographs”
is not as clear as perhaps it might have
been made, but we assume that the relative
positions of the objects appearing in the
photographs were proved, or, if they were
not, counsel for the defendant had an op-
portunity of cross-examining the witness
as to these objects and of showing their
exact location.

(2] 2. The remaining ground of the
motion is as follows: “Because the follow-
ing material evidence was not allowed to be
presented on behalf of the defendant in
cross-examination of Deputy Sheriff Aaron
Denson: Questions as to the demeanor of
the witness while in custody of said deputy
sheriff and various alleged statements made
by defendant while in custody of deputy
sheriff, both tending to corroborate the de-
fendant’s statement that the shooting was
accidental and that the defendant did not
know that any one had been killed.” There
is no merit in this ground, as it does not
set forth what the questions were as to the
demeanor of the witness while in the cus-
tody of the deputy sheriff, or what were the
Various alleged statements made by the de-
fendant while in the custody of that officer ;
nor is it indicated how they tended to cor-
roborate the defendant’s statement that the

STATE Ga. 427
91 S8.E.

shooting was accidental; and that the de-
fendant did not know that any one had been
killed. The allegation that the evidence
excluded was material as a corroborating
fact tending to prove and show to the jury
that the homicide was purely accidental is
only conclusion of the pleader, and it is not
shown how it was corroborative of the de-
fendant’s statement.

[3] 3. The evidence authorized the ver-
dict.

Judgment affirmed.

All the Justices concur.

CREWS v. STATE.
No. (1787.

Supreme Court of Georgia.
May 18, 1937.

Syllabus by Editorial Staff.

1. Homicide €=317

Where defendant was convicted of mur-
der, the giving a correct charge on law of
manslaughter, even if it was not authorized
by evidence, was not cause for new trial.

2. Criminal law G=824(5)

The failure of court to instruct jury
concerning defendant’s contention that he
had taken veronal tablets before making
confessions and that because of hypnotic
influence of such tablets he was not respons-
ible at time he made statements held not
error, where contention was presented sole-
ly on defendant’s statement as made at tri-
al and there was no request to charge.

3. Criminal law €=413(2)

Where defendant, charged with murder
of wife, defended on ground that wife had
repeatedly threatened to kill herself and
finally snatched pistol from defendant's
pocket and shot herself, excluding evidence
that on day before shooting defendant had
endeavored to sell pistol to several persons
at different times and places held not error,
the evidence being objectionable as tending
to show declarations which were merely self-
serving.

53 See

NO APPEAL.
ROSS, Raymond, black, hanged at Canton, Georgia, on August 27, 1901.

"(Special Dispatch to The Journal.) Canton, Gaey Auge 27, 1901. = Surrounded by a
curious crowd of 3,000 spectators in a shady grove overlooking the Etowah River,
Raymond Ross, the negro who assaulted Mrs, Harriet Miller, of this county, on the
night of July 26, this year, paid the penalty of his attrocious crime today. Ross
was brought from Atlanta this morning, where he had been carried after the trial for
safekeeping, in the charge of Sheriff P. S. Bedell, Deputy Sheriff S. T. Worley and
Tom .G. Turk, He was met at the train by a 2-horse wagon, In the wagon was the coffin
-into which his body was soon to be placed, and on this, surrounded by a home guard

of 0 citizens, armed with every kind of a weapon, the ride to the jail was begune
Ross was.taken from the wagon into the jail, where his old and muchly worn suit of
overalls and black slouch hat were removed and a clean suit of clothes and a new straw
hat sbustituted. On his feet, which up to this time had been bare, were placed a pair
of shoes. He was taken from the jail at 5 minutes to 1l, having spent 25 minutes in
changing his clothes, At 11 o'clock the ride to the gallows was begun, surrounded by
a curious crowd.of people. Ross sat composedly upon his coffin until the dAXXWAx gal-
lows was reached at 10 minutes past 11. Two minutes were consumed by the sheriff and
his deputies in adjusting the rope and tying his hands and feet, and the same length
of time in a.short prayer, which was offered by Rev. We M. Drew, a negro preacher from
Marietta. After prayer the minister asked Ross what he had to say as_.to whether or
not he was guilty or innécent, and he replied that he had nothing whatever to say
about it, neither admitting it or denying it, and silently stood upon the gallows,

- leaning against the corner post, and refused to discuss the question or answer the
earnest questions of the preacher, merely saying that his sins were forgiven and

% that he was going to heaven, The trigger was pulled by Sheriff P. S. Bedell at
-1l:1 and 15 minutes thereafter he was pronounced dead by Drs. J. M. Turk, Harbin

and Coker and his body'was cut down and placed in the coffin which had been brought
and placed alonside the gallows. None of the family of Ross who live in this county
were present at the execution and no demand was made on the sheriff for the remains,
which will be shipped to Atlanta on the evening train. No attempt was made to take
the prisoner from the sheriff, and every one was satisfied for him to be hung legally,
although there were many who thought Ross would not WA&XXHRAXITK be legally executed,
The small enclosure which surrounded the gallows to shut the view from the curious
XXXXXX spectators had been torn down long before the gallows was reached and i

Ross paid the penalty of his crime, committed less than one month ago, under the
curious @#H gaze. of 3,000 spectators, many of whom were womene Just at the time the
drop fell, some one in the crowd cried out: ‘Goodbye, Ross, your soul,’ and with this
parting ringing out in the awful silence Ross shot down a distance of six feet to his
death, The crime for which Ross was today executed was committed on the night of
July 28th. He went to the home of Mrs, Harriett Miller, a Wi#i##% widow woman who

lived alone with her two small children about eight miles from Canton, and gained ad=
mittance to her little house by prizing off some of the planks on the rear side of

the house, ‘rs, Miller was carried from the house by Ross and dragged a distance of
50 yards from her home and there assaulted. A special term of court was called by
Judge Gower and Ross was tried and convicted within one week after the commission of
the crime and in one month was executed." JOURNAL, Atlanta, Georgia, August 27, 1901

(71. )

"(Special Dispatch to the Journal.) Canton, Gae, Auge 6, = With an escort of armed sol-
diers from Atlanta to protect him from the wrath of a people inclined to desperation
because ofhis crime, Raymond Ross was this morning placed on trial for a criminal
assault upon Mrs. Harriet Miller on the night of July 28th, a week ago, The trial was
held in the superior court of Cherokee County, Judge George F, Gober presiding. Ross
was found guilty after, the jurymen had been out for seven minutes, Judge Gover at once
set August 27th as the date for the hanging of Ross. The negro will be taken back to
the, Fulton County. jail. Ross was absolutely unmoved either by his conviction or by his
sentence of death. Ross left here in charge of the soldiers at 12 o'clock, The people
of Canton resented the presence of the military men in their town, They regard it as a

reflection upon them, and yet they bravely admit that but for the presence of the sol-
diers, they would have saved their county the expense of trying, convicting and execu=

ting the negro who has wrecked the life of Mrs. Harriett Miller and made of her an
object of sympathy in the community. But for the presence of the soldiers from Atlanta,

696 Ga.

rightful claim or demand against the gran-
tor for which such person is entitled to have
a judgement in any court of law or equity. A
clear enunciation of the statute of 13 Eliz.
is that such conveyances are void only as to
such persons. These being the provisions of
our statute, and there being no rule of the
common law which declared conveyances
made to hinder or delay creditors void, it
would seem scarcely necessary to cite author-
ity to support the’doctrine that such convey-
ances are not invalid-between the parties to
the instrument. Mr. Bump, in his treatise on
conveyances made by debtors to defraud cred-
itors (4th Ed. § 452), declares: “The statute
was designed solely to protect the rights of
creditors, and consequently it renders a fraud-
ulent transfer void only as against them, and
makes no provision whatever in regard to its
effect between the parties.’ In section 433 of
the same work the author declared that ‘a
fraudulent transfer is good as against the
grantor, his heirs, executors, administrators,
parties claiming under him, and his agents,
yendees, and grantees.’ See, also, Id. § 449.
Our own court has recognized this well-estab-
lished rule in a number of cases. In that of
Bush vy. Rogan. 65 Ga. 320 [88 Am. Rep. 785],
it is held: ‘Though a deed be made to defraud
creditors, neither the vendor nor those in priv-
ity with him will be allowed to set up this
fact to defeat an action of ejectment brought
by the vendee. The deed is good as between
the parties thereto and those in privity with
them, though void as to creditors.’ See, also,
Parrott v. Baker, 82 Ga. 864, 9 S. E. 1068;
Tufts vy. Du Bignon, 61 Ga. 322; Fouche v.
Brower, 74 Ga. 251.” The same principle has
been ruled in First National Bank v. Colonial,
etc., Ins. Co., 160 Ga. 166 (2), 127 S. E. 455,
and Bank of Wrightsville v. Powell, 163 Ga.
291 (2), 135 S. E. 922.

As the case is remanded for another trial,
and the remaining assignments of error are
not likely to recur upon another hearing, they
will not-at this time be considered.

Judgment reversed.
All the Justices concur.

ROUNDS v. STATE.
No. 8511.

Supreme Court of Georgia.
Feb. 9, 1932.
Syllabus by Editorial Staff,
1. Homicide €=203(3).

Evidence held to show deceased believed
he was dying when making statement regard-

162 SOUTH EASTERN REPORTER

ing defendant's stabbing him, rendering state-
ment admissible as dying declaration.

The evidence disclosed that deceased
was stabbed about 9 o'clock in the morn-
ing and died about 7 in the evening of the
same day; that deceased's statement was
made when he was conscious to witness,
a physician, about 214 hours after the in-
fliction of the wounds; that deceased
asked witness his condition and witness
told him he had about five chances in one
hundred to recover; and that deceased
said he did not think he had five chances
in one hundred to get well.

2. Homicide €=218.

Charge to consider deceased’s statement
as dying declaration, if jury believed decease!
was in dying condition when statement was
made, held no error, where instructions {fn
cluded charge of necessity that deceased be:
lieved he was in articulo mortis.

3. Criminal law 785 (3).

Where instructions as whole properly
charged law regarding dying declaration, fai!
ure to charge theory of admitting dying de
larations held no error.

4. Criminal law @785 (3).

Failure to instruct that jury might con-
sider whether testimony regarding dying de:
larations was complete and whether witne--
was biased held no error.

5. Criminal law €785(3).

Charge on dying declarations held not de-
fective as being too general in not giving all
law on subject or for indefiniteness regardins
weight of such evidence.

6. Homicide €=250.

Evidence held sufficient to support ¢n
viction of murder. ee

Error from Superior Court, Houston Conn-
ty; H. A. Mathews, Judge.

Willie, alias Yank, Rounds was convicted
of murder, and he brings error.

Affirmed.

Willie, alias Yank, Rounds, was indict
for the murder of W. V. Gunter by cuttin?
him with a knife. The jury returned a ver-
dict of guilty of murder, without a recem-
mendation, and he was sentenced to be elec:
trocuted. A motion for new trial was over-
ruled, and he excepted. The original motion
contained the usual general grounds. The
special grounds are as follows:

“Pirst. Because the following material
evidence was illegally admitted to the jury
by the court, over the objection of movant ™

wit: The witness Dr. R. lL. Cater was permit
Ha eae

¢=For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

“ROUNDS v. STATE Ga. 697
162 S.E.

ted by the court to testify that the deceased,
Gunter, told him as follows: ‘T found this ne-
cro kicking my cow yesterday, and told him
he would have to leave this morning, and I
started to the other farm to arrange for @
milker, and saw him at his house and drove
up there, and he said he was going to move,
and I says that is right, move, your wife has
paid Mrs. Gunter; and I was sitting in my
car with my left arm resting on top of the
door, and, doctor, the negro didn’t say a
word, T was not expecting anything, and he
walked tip close to me, and I didn’t see any
knife until he cut me in my arm, and I tried
to open the car door, and as I was getting
out he stabbed me in the back. I didn’t feel
the stab much, but I knew I was hurt because
I felt myself weakening.’ The-eourt admitted
the above testimony on the theory that it was
a dying statement of the deceased, Gunter.
Movant objected to the admission of the
above evidence at the time same was offered,
and did then and there urge the following
crounds of objection thereto: that said evi-
dence was hearsay testimony and inadmissi-
Hle; that it was not admissible as a dying
statement, for the reason that the evidence of
Tr. Cater showed that the deceased, Gunter,
did not know what his condition was at the
time, and asked Dr. Cater what his chances
were for getting well. When Dr. Cater told
him in answer to his question that he had five
chances out of a hundred to get well and that
he wanted to help him by his not talking, Dr.
Cater said Gunter told him he had five chanc-
es out of a hundred to get well, which clearly
showed that the deceased did not believe he
was in the article of death at the time he
made the statement, and that same was
therefore inadmissible as a dying statement.

“Second. Because the judge in his charge
to the jury on the subject of dying declara-
tions, in his first summary of the law and in
making application of it in this particular
case charged the jury as follows: ‘Now in
this case, a witness has testified in reference
to alleged dying statements. Now, if you be-
lieve the deceased made the statements that
the witness has detailed to you, and that he
Teally was in a dying condition, then you
would consider those statements.’ Since this
Statement left out entirely the other neces-
sary element that the deceased had to be con-
scious of his being in the article of death, and
since this was the first grand summary of the
law presented to the jury by the court, as ap-
Plied to this particular case, it was strongly
calculated to mislead the jury.

“Third. DBecnuse the judge, in his charge
to the jury on the subject of dying declara-
tions, failed to explain to the jury that dying
declarations constitute one of the exceptions
to the rule of hearsay evidence, which is ordi-
Narily rejected, and that the reason for their
admission if founded on the faet that the
Statements are made in view of impending

162 S.H.—1414

death, when the hope of life is extinguished,
and the retributions of eternity are at hand,
and under such circumstances fhey stand up-
on the same plane of solemnity as if made
under oath. In failing to give to the jury an
explanation of the above import and char-
acter, the jury were not proporly instructed
as to the importance of the deceased believ-
ing he was actually in the article of death at
the time he made the statement.

“Fourth. Because the judge in his charge
to the jury on the subject of dying declara-
tions in this particular case, should have
charged the jury that they may consider
whether the declarant’s account of the occa-
sion was influenced by resentment and re-
venge and was therefore biased and incom-
plete, or whether it was complete and un-
biased. :

“Fifth. Because the judge, in his charge to
the jury on the subject of dying declarations,
made his charge entirely too broad and gen-
eral, not giving all of the law on the subject,
in that it failed to make mention or allusion
to many of the circumstances which the
courts have decided are essential in deter-
mining the weight and effect of such evidence,
the charge being too indefinite to guide the
minds of the jury as to what weight should
be given evidence of this kind.”

Robert E. Brown, of Perry, for plaintiff in
error.

Geo. M. Napier, Atty. Gen. T. R. Gress,
Asst. Atty. Gen., and Charles TH. Garrett, Sol.
Gen., of Macon, for defendant in error.

Syllabus Opinion by the Court.

ATKINSON, J.

1. “In the trial of a murder case, if at the
time of making declarations the condition of
the wounded party making them, the nature
of his wounds, the length of time after max-
ing the declarations before he expired, and
all the circumstances make a prima facie case
that he was in the article of death and con-
scious of his condition when he made the dec-
larations, such declarations should be admit-
ted in evidence by the court, under proper in-
structions to the jury.” Jones v. State, 150
Ga. 274 (2), 60 S. E. S40; Perdne vy. State, 135
Ga. 277 (8), 69 S. E. 184; Jefferson v. State,
187 Ga. 882 (3), 73 S. E. 499; Coart v. State,
156 Ga. 5386 (8), 119 S. E. 723; Benton v.
State, 158 Ga. 41, 122 S. EB. 775; Hill v. State,
161 Ga. 188, 129 S. EF. G47; Faulkner y. State,
166 Ga. 645, 144 S. FE. 193.

(1] The evidence tended to show that the
deceased was stabbed with a knife about 9
o'clock in the morning of October 28, 1920,
and died about 7 o'clock in the evening of the
same day; that the physician saw him about
thirty minutes after the wounds were in-
flicted, and that the alleged dying declara-
tion referred to in the first special ground of

‘

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ATLANTA JOURNAL

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by

there would undoubtedly have been a lynching in Canton this morning. When Sheriff P. S.
Bedelle arrived vith his prisoner 1,000 men were unaware of the fact that the state
troops had=been ¢alled upon to save Ross from mob violence, They expected Sheriff Be-
delle to arrive with the negro in charge, but they looked for him upon the regularX#aix
trains Their surprise was evident when the special stopped upon the siding and turned
upon the town, not the regukar passengers, but 150 enlisted men of the Fifth Georgia
regiment in charge of Major W. W. Barker and their other commanding officers, The
various detachments that accompanied the sheriff and his prisoner from Atlanta to Can=
ton were commanded by Captains Sherrill, Exskine, O'Neil and Lieutenants Wilson and
Bryson. Their lieutenants are Lieutenants Whiley, Stobbnell, Moncrief and Weaver.
It was not a hard or tough crowd that met the soldiers at the train, The men were in~
deed grim in appearance and determination was stamped upon every feature. It was plain
that they had intended doing and they were evidently baffled by the soldiers, Sharp
words were exchanged between the soldiers and the citizens. Some of the older citizens
counseled peace and order and but for them there would doubtless have .been trouble
between the soldiers and citizens. The military companies escorted Ross from the de-
pot to the courthouse and there the negro was placed on trial within an hour after his
“arrival in Canton, Judge Gober boarded the special train at Marietta, It was a solemn
scene in the court during the trial. There was little formality. Judge Gover appointed
John D. Attaway and Fs D, Mills to defend Raymond Ross, The case was prosecuted by
Sdlicitor Thomas Hutcherson, The-jury were selected in about 20 minutes, The first i
witness was Mrs. “arriett Miller, the negro's victim. She X&HXZ told in detail WMH the
HE awful account of the crime, how her home had been broken open, how she had been
beaten and choked and dragged into the woods until finally she escaped and ran screaming
to the home of Bailiff Voohern, to whom she told the story of the crime, The next wit-
ness was the 12-year-old daughter of Mrs, Miller, who said she identified Ross on the
night of the crime. Bailiff Voorhern testified nex} but his evidence brought out noth-=
ing new. Sheriff-Bedelle swore that Raymond Ross had confessed to him. Ross, in tes-
tifying in his own behalf only said: 'I am not the guilty man.' Judge Gober charged the
jury but briefly. The jury selected He Me Addington as its foreman, and in 7 minutes
returned the verdict of guilty without recommendation.

"STORY OF THE CRIME FOR WHICH ROSS WILL HANG,
"(Special Dispatch to The Journal.) Canton, Ga., Auge 6. - The crime for which Raymond
Ross was today tried and convicted was cmammitted on Sunday night, July 29th, about 10
o'clock. Ross went to the home of Mrs. Harriet Miller, who resides a distance of 8
miles from here, and effected an entrance to her home by the use of an axe, prizing off
seme of the weather boarding on the rear side of the house, and ran his hand through
the opening and unlatched the back door of the small room where she, with her two small
children, were sleeping. Mrs. Miller, upon beholding the negro standing in the door,
became very much excited and sank down upon a trunk nearby and without a moment's hesi-=
tation, Ross seized Mrs, Millwr by the neck, choking her and dragging her from the room,
carried her a distance of about 75 yards into the woods, where he assaulted her, The
‘two small children of Mrs, “iller were left alone in the house, and immediately began to
scream. ‘Irs, Miller, hearing the cries of her children, begged to be turned loose that '
she might return to her children and pacify them, promisihg to return when this was
done. Upon being released, she went to the home, where together with the cries of her
children, she aroused her nearest neighbor, who lived about a hundred yards in an oppo=
site ‘direction from where the crime was committed. After the commission of the crime,
Ross went down the railroad track about half a mile and stopped at a well to get some
water, and it was here he was arrested by Constable Voorhine. Ross is about 22 years
of age, was born and raised in this county. He has’ the appearance of being a negro of
a low degree of intelligence, This is only in appearance, as he is a negro of good
sense and this manner is assumed in the belief that it willserve to advantage in the
court punishment which awaits him, Mrs. Miller has been married twice, her former
husband, by whom she bore the two children, who were with her on the night of the assault,
being dead. -She had after the death of her husband married Mr. Whll Banks, from whom she
separated about 2 years ago, She’ is 42 years of age and a woman of excellent family
whose character is above reproach." JOURNAL, Atlanta, Georgia, Aug. 6, 1901 (S/1.)

ROSS, hanged Canton, Ga., 8=27-1901 - Continued,

"Raymond Ross, a negro, who has confessed to an assault upon an elderly white woman,
who lives in Cherokee county, was brought by the sheriff of that county to Atlanta

last night to avoid a lynching that would have probably follofed his acknowledgement

of guilt. The assault occurred about a week ago, Ross was arrested Wednesday and

made a full confession, A mob was quickly organized but the sheriff put his prisoner
in a buggy and by a circuitous route reached ar ailraod station where he took the train
for Atlanta. Ross wekll be held here until the date for his trial,"

JOURNAL, Atlanta, Georgia, August 5, 1901 (10%5.)

"(Special Dispatch to the Journal.) Canton, Ga., Auge 1. @ The judicious manipulation
by Sheriff Pe S. Bedelle of the negro Raymond Ross, who committed one of the blackest
crimes in the history of this county, no doubt kept a tree from becoming a scaffold
and the people of the town from awakening this morning to see the work of vengeance

of the enraged citizens. Mrs. 4arriett Miller, the victim of the negro, has told the
whole story of how she was dragged from the house and forced into the woods, where the
deed was committed. Some of the best citizens of the county and men who live in the
near neighborhood remained in town yesterday and puclicly talked of lynching him, At
7:10 last night J. Be Curtiss quietly took the negro from the jail and delivered him to
Sheriff Bedelle, who was waiting to carry him to Cartersville for safe keeping. A mob
of at least 100 men had congregated on the streets and as soon as it was learned that
the negro had been taken from the jail some of thems tarted in pursuit, but were unable
to overtake the sheriff who landed his prisoner safely in the Cartersville jail. Judge
Gober has called a special session of court to meet here next Tuesday for the purpose
of trying the negro, and this prompt action of justice will doubtless appease the waath
of the people, as there is no doubt that he will be punished according to the crime, if
that be possible, tt is said that the negro confessed to another negro yesterday.
Sheriff Bedelle returned ffom Cartersville this morning."

JOURNAL, Atlanta, Georgia, August 1, 1901 (2«5,)

"(Special Dispatch to The Journal.) Canton, Gae, Auly 30. = Raymond Ross has been
ledged in jail here on a charge of attempted criminal assault on Mrs. Harriett Miller,
9 miles south of this place, last night. Mrs. Miller was at home alone with her chil-
dren when the negro made his appearance and dragged her from the house into the woods
some distance away, where she prevailed on him to let her return and quiet the children
who were screaming in the house. Instead of going into the house, the woman ran to a
neighbor's and gave the alarm, A posse was soon formed and the negro was captured.
The friends and neighbors of the Millers are very much enraged, and many threats of
lynching are indulged in, but the officers have little fear of trouble, At 1:20
o'clock this afternoon the sheriff telegraphed Judge GK Gober at Marietta for per-
mission to carry Ross to Atlanta for safekeeping as excitement is hight and a mob is
thought to be forming,"

JOURNAL, Atlanta, Georgia, July 30, 1901 (1:1).

Oh Shona Gase aennst Aim,
contended that
Sinith a

ofeals blooded marder

eyidence of
eceous aacinst Rouse.
efor ee that whe
coupndbted in
between whe three
Hod Was prohabiy niacual
blooded

theca
Wes a

me VOW

tat rathes than cold
. ep,
ww lLatas ihinay Dink Smith
Fenal for himeolf
Udi follow hina ta bis porave
'S the committment trial he
"rein substance that Rouse

justifiable and on the. trial

le " Heererypey

eran}

ave deceased without provo-
de auidavil
gave on the
truth

sorid Jater he nia
wd evidence he

Ss notthe

P48 Jusiiflableand :

atiidavit

biter he egain made
ce aidavit

mo tru what

he made
the stated

but

Ar
aud

2
.

T<sa

élim-

review

@ pardon

er before the Gov-

contended l the
@ first that the evi-
the state ow ane
the evidence of
Oicitor Tinton stat
orter that he advised
Pofthe easa that his

nis should | balert out but
Cou, Cf the faot ‘that it
hase bad eect on the

‘STP GA To ear the cnly eye

0 OS

HLIte
row the
f ae]

as 8

+
u

any
|

5:
~
r
t

mouse has
his
NOW
hira

hay

ye fe.
wale
TULY ior

C3tt
re are
i
y€a

Taession ce

ran

in Geel were well fou
A VOUORING INCIDE
Vly Were seyeral very touch
cunts ia connection with
“ve OF the death sen-
Wo iniher of Rouse
‘is Los esad bre,

Youd Dave mae.

ee
pat

ished he

TOTS Saray Print Reena

:ti trial of the case was the

Hs:

aatd mie eA

THsvors oF Lae cluy vorounet ‘ - ; :
id of bb sible and vead the Pist-ele
er witha few of the good ladies | , ,, ve
; iahd Bs ae pot Reyelations, “And |
held services at the pul yesterday “75 :
" Hereau voice ous of Ueavon,
jaftornoon and this mor ning, Aust ‘a5 og ; ve re be
f toa} i LLOULEUCIC ¢ Bree 2
these sevvicos Rouse stated that! | ome ima 4 A J 1
PWobh omen. and lic will dwel!

wet ,
moa tenet | ahha they shad

YuET

Ivan:
BuOAra a

v5}
Widsi

ier for oyer

hay had been prayine
rbutdid not wet forgive Buss | ,
P plead Cro bin sell slid dew:
until di dad forviven. thes aid!
) . ithaca stad said
shat he had tried fora lone tine! m
. in Praxe Wi
Lo this but his prayers ob; bes
‘ . i from their es es.
waswered watil he liad en be ack aad
: ; Lhiave been p
his enemies, bat uow thas t iy 8s eee aan
Oy i G3 hide MY peels bo Er t
Wis nola man on earth he josuia
foeb ate thoi Hea hey Da
ed itself,
STATEMENT OF WILLIAM ROUSE:
IMMEDIATELY BEFORE EXECUTION { t} . ways told M
F A 3 tt ays t a
(Mace ia ihe presenee of the Baz puUst and j ate ,

Metiodist Mintsiers of the City of Syl pa WER NUTS wor Wh
Vester, his brethers, two sons and [have talked agains

litle daughter.) I for gave
“ho tivst statement I wish ty ORs that when I

1Yst- "yyy a
presence of yoaj+ ke a Man, fox
hand o

ry bb
; : tall that has been | OY th
Inaid iin regard ou having | Often hr
'
|

Ba thet Goa. an

away

aad Ua

Wap)

ver since aera

; : Ihave beon eontinuniiy stain
Jireseng- Wyte byrrede bes :

tto-rayebe. ay fe

ae ae
oy b frieads. God
y

i them as I forgive

deen es
“ new,

ee es
boris

me aud t
nd I saidto

| t

them, : ad

Police. in
a r

7 3 A
‘

to my s\‘ ) iittle baby
willed thirteen people, prior to} ©
the killing of Bill Bailey is false, |
and that J mate! this statement | a>
knowing that Ihave but just a//O¥S tomorrow with ;
few bours more to live. I don't | Conscie ceas this ltt
knowswho it was circulated this s| -\t this juncture, ee
about me, and about my saying; Who has ocon a fellow prisoner of
the night of the murder: but I | Rouse for the past
say before God end all of you!Months, and who is
that whoever made this state. ;der a life sentence :
ment, did it unsarrantedly, and! came j the ceil to tell
did not do it because they were! Rouse soo bye, which was r th
iny friends. roconged by each party,

Now, last night 1 went to tins admonishmonts of
sleep and slept just like a child} Rouse.
untilabout threa minutes be-
fore twelve o'ciovk, when T woke |
and peayed: as I have always
prayed every bour that I have
been is here for the last two
years; then I went Secelc to sleap
and dreamed thatI saw a chari-
ot with two white hovses,. and/¢
thet they were coming after me:
j this isthe only dream that I
i lave had,

What I have tol« many of ray
fricds that carae up bere, is thi:
Iam ready to weet iny God, ana

knowing that I have but just a

few hours to live, I want a! of}.
| ee 5 diss, and IL have prayed
j you toknow that I am ready to!

g0. Thave often read the rity. ! sae , dar ing Boge, ae,

sixth chapter of first verse! "OC '° ——

Prepeated ly: saith the: —

Lord Weep ye jougemant, ond ani i2y ons ian

iJustion: foe wy eae eiem ix n
widoioy

seats m

n
re%

Syirn

bimseit GN

yt
aie

rae

erp roxe

During this time, Mr. Ro
little thirteen Youur old

| danske
1

stood with her ais throu:
burs ard around her
neck. His brothers
present, and his t
scene i e very

und

WO S

tou

site

frunning conve
the morning
tanen fre his

Ta Gass
Gulows,

Says he, “I
wonty fog aonb ty de

ae Wexta sO SY

st
l

siah,

a pare m
Thus

bacs ated for the time tw.

19 Coie whon J shall haye

ito BO ree el al,

per ‘

saying:

hin peo!

or homicide,:

{Ti

SCveredis:

en Pe
PS ae Bd s

ROUSE, William, white, hanged at Sylvester, Gaey on 9ml-1911.

THE SYLVESTER (GA.) LOCAL, TKURSDAY, AUGUST 29, 1874

SU PORD GG pathy Lethe aa Manager.

Devoted to the

Vives . XXVIL.

SYLVESTER, G

ALL

rn
fe
“a

Dace FALLS AT. 11:25

tots25 Bill Rous Rouse Was Led

Oecusied For The Last Two
Years and onto The Gallows
Where fle Paid The Penalty
of The Law.

Sheriff Potts pulled the trig-
vandin a few moments he
ss pronounced dead by Drs.
“ves and Crockett.

The doctors were not in the
“om at the time of the execution
st were called in as soon as
‘e drop fell.

STORY OF THE CRIME
touse was charged witht the
urder of Bill Baily at Poulan

‘2 contention of the state that
*decoyed Baily from Sylvester
‘Poulan and after getting hin
“er the injluence of whiskey,
ict hin several times and then
this throat with a knife, the
‘fe wound causing death,
tis also charged that he toolc
ax Smith with bim to see the
me committed for the purpose
vines Sinith swear for him in
ecrintof the ease and when it
otto the time for trint Smith
used to swear for Rouse but
‘ha ofthese hand his evidence
Va SbYOng GasG uveinst him.
erstate aiso Gontended that
OUt the Cyidance of Smitha

Ihis father ifhe could, he would
!never let him do so, 8nd when he
pleft, the son asked the old father

rom The Cell That Ue Had.

i “+ Woule break. Rouse commend
“Y two years ago, and jt was; ” i piano ta

{
i

tolet him kiss him through the!
bars of the cell, which was done.

fob Rouse, a brother said:
“Bill we have done all on carth |
that we can do foryou. We have
spent every thing we havo and
God knows thet I wish I could
do more, but now Gad is the only
one you can look to. I expect to:
stay with you until the end, and
am praying for you.

Little Nixie, a nine year old
daughter, with herarms around
her fathers’s neck together with
acouple of bars of the cell, re.
mainedin this position for half
an hour and cried as if her heart

ed her to the Lord, and told her,.
papa could do nothing for her.

His exhortations to his sons
were sermons’ preached: with |
eternity staring the speaker in|
the face; Ee told them and made
them promise never to own an:
other pistol. and read their Bible
daily, and to vive their hearts to
God.

Hard hearted guards in whose

eyes tears were stranger were

scen to weep in sympathy with {Yee Mi thay waen ts
1 to mect my Goi! Lowht

the bereaved loved ones
condemned man.

The Pastors of the city tozoth-: /,.

’ +: {

yw %] 3 Zoo LAS! }

‘ev with a fi woof the go a Tic +) of Revelations, “And
held services at the jail yosterday |

man by the veopls of this world,
and I have often been told by ir
good mother to keep out of

company and do what was sae

} \ ae < ‘ . + 4
but I did not see it that way they:

fund, as @ dcthncioate you sca

what I have broaait

seit. L of

you leave

that you will

faith in God. and doas he woul!

have you; for th:

way in this world,
T know that there have been fe

good many things teid on me ia

connection with this

were noe true, but poi

better not to say anything abour

them, and the nen who told

knew that they were nottrue but,

[forgive them all, T ed SWOre! hay,

things against me fals salva about}
the killing of Bill Bailey. bai T!
forgive them. And had i taken}
my old mother’s advice, beth. i
expect to meet in heaven 7 would: 3:
not have been here today.

When Re Mr. Riser entered!
the cell ware Mr. Rouse was

‘shook nands with him and said:

“Mhis is the last chance, perhan.:
that I will ever get to tall to you.
Dut weareall brothers now, in
the Lord, and = want to say to
you, that 1 am ready to sro to the
@reat beyond, and L know

He will receive me

arnis, What UT wan

Joave this. dase impression
reUupP

{

me) sume

Last niin

and read tue

eee

SAI,

Sartipe

Sai igi

peers

Gk.

cet

698 Ga. 162 SOUTH EASTERN REPORTER
the motion for a new trial was made about deceased shortly before he died
robs hours later and after the wounds had _ statements are made by A eons shortly |
peer es pod a ek * i he died, who is in a dying easdiiion fae
4 m5 knows he is in a dying condition, those s ate-
- Pit — a = beppearcioy from head ments may be detailed to a jury as sa sel
ee ar wis ahs : - 7 e was extremely Now, in this case, a witness has testified in
prin cli ee a He had suf- reference to alleged dying statements. Now
Saat oases: (7) — and he manifested if you believe the deceased made the state.
ea ae a ab : ip a perfectly con- ments that the witness has detailed to you,
een phate — rom shock and di- and that he really was in a dying condition,
— wn wach ns foes —— right half then you would consider those statements;
= le nS piaiwn behing perpen ate = you are to consider them
ee ‘ as necessarily true, y i side
anaemia dock eee blade, which was a them as ei et oe ergo ai
- aa ¥ caper tae teh wound was on dence, and you will give those statements the
he toe soe = vipers and 8th = * benefit of such credit as you think they are
see Bom soe — ond lung. entitled to just as you would the testimony of
of the pastas ti. & it ny nger as aprobe any witness who swears to his testimony on
oe ceed we . are = as soon as my the stand. Of course, a man who makes a
i e lower woend there was a dying statement may make a mistake, his tes-
Pome - sia sar fe bi wound * * * and timony may not be true, but you accept it as
ier Seantcated Lae. gab — it was sworn to before you just as any
pthc aestett a c aw witness would swear the sa hing he
there was very little chance for him to re- claimed to know thes = : ware tse
cover. His skin was frigid and very cold and judge in vefur ¥ eee OP ieaeae: ac
his respiration was 86 or 38, whereas normal the [are?] t judge . = ied eats op as
is about 20. He practically had no pulse at ing condition at he ii nay Bape
all, I could just feel it, which indicated tomy statements y ad ‘ t es ee en
mind shock and loss of blood. I would say a dying conditi : rapt aheat ha a we
he was practically in a dying condition. do not b ae gran ohmagp od es peat
oe ; f elieve he was a in dying condition
asked es a ay ar Say con ae sie nS oo pa, ea
and he asked me what chance have I to get in aii son reat cates netics ier
well, and I told him his condition was very the evidence; bs ae Ayes dg “ —
ee ae possibly 5 chances in 100. dence in get ae ye prong deh
aces i ° — eae ee sp pata and that they were made by him when
aera - H 1e was in near approach of € and he
peep t — ‘untae or chance to knew it at the time te made ts acti i
the evidence over the opted Poggi death.” ae eee SO
[2] 2. Complaint is made, in the second
special ground of the motion for a new trial
of an excerpt from the charge to the jury on
the subject of dying declarations as set forth
in the statement of facts; and the third,
fourth, and fifth special grounds of the mo-
tion complain of failure to charge on that
subject as therein set forth. The charge [3-5] 3. There is no merit in any of the oth-
given on the subject was: “Dying declara- ef special grounds of the motion for a new
tions made by any person in the article of trial.
death who is conscious of his condition as to
the cause of his death, and the person who [6] 4. The evidence was sufficient to Sur
killed him are admissible in evidence in a port the verdict, and the judge did not err Ha
prosecution for a homicide. Evidence has refusing a new trial.
been introduced in this case as to certain Judgment affirmed.
statements alleged to have been made by the All the Justices concur.

Now, where

When considered in connection with those
portions of the charge which preceded and
those portions of the charge which followed
the excerpt from the charge upon which er-
ror was assigned, there was no merit in that
assignment of error.

RIVERS v. WILLIAMS BROS. LUMBER CO. Ga. 699
162 S.E.

RIVERS et al. v. WILLIAMS BROS. LUMBER
CoO. et al.

No. 8428.

Supreme Court of Georgia.
Feb. 9, 1932.

Syllabus by Editorial Staff.

Mortgages 151 (3).

Title acquired by security deed held su-
perior to liens acquired for labor in improve-
ment of property after recording of security
deed.

Error from. Superior Court, Fulton Coun-
ty; Virlyn B. Moore, Judge.

Suit by the Williams Bros. Lumber Com-
pany against Mrs. C. I. Snider, in which
Miller Rivers and others intervened. Judg-
ment for plaintiff, and interveners bring er-
ror.

Affirmed.

Suit was brought by Williams Bros. Lum-
ber Company against Mrs. Cc. I. Snider to
foreclose a deed given by Mrs. Snider to se-
cure a debt, which deed conveyed title to
described property in Fulton county, Ga. A
receiver was appointed for the property, and
subsequently by order of the court the gran-
tee in the security deed was permitted to
exercise the power of sale contained in the
deed and to sell the property in accordance
with the terms thereof. After the suit was
filed, the plaintiffs in error intervened, setting
up claims for labor performed for Mrs. Snider
in improvement of the property, claiming
liens on the property and their superiority
to the rights of Williains Bros. Lumber Com-
pany. By agreement the case was tried by
the judge without a jury, upon a statement
of the facts, as follows:

“TPhis suit was brought by Williams Broth-
ers Lumber Company, plaintiff, against Mrs.
G. I. Snider, for the purpose of foreclosing a
debt secured by a deed conveying title dated
December 21, 1929, and filed for record in
the office of the clerk of the superior court
of Fulton County, Georgia, at 11:10 o'clock
a. m., December 23, 1929. Said deed was
from Mrs. C. I. Snider to the plaintiff, Wil-
liams Brothers Lumber Company, and con-
veyed the title to the property described in
the petition in this case, on the southeast
corner of Delaware and Eden Avenues, and
was made subject to a loan of $1,000, and
recited as follows: ‘This conveyance is made
to secure a debt of $1,400, under section 3306
of the Code of Georgia, or any other present
or future indebtedness or linbility of mine
to second party. (Copy attached as Ex-
hibit A.) Vlaintiff claimed the sum of $1,400,

evidenced by a note of the same date as the
deed, due ninety days thergafter, together
with $309 additional. However, this addi-
tional amount is not materiql, since there is
not sufficient funds to pay the sum of $1,400.
Plaintiff prayed for judgment; that the judg-
ment be made a special and preferred lien
against the property and that the deed given
to secure the debt be set up, established, and
foreclosed, and that a receiver be appointed
to take charge of the property. A temporary
receiver was appointed ; and thereafter, by
consent, the receivership wAs made perma-
nent. Thereafter the holder of the first mort-
gage, O. S. Kidd, started fpreclosure under
power of sale and enjeined by order of this
court on the 16th day of June, 1930. The
loan of O. S. Kidd is the one mentioned in
the loan deed given by the defendant to Wil-
liams Brothers Lumber Company, and not
only covered the property referred to in
this case, but four (4) other lots adjoining.
Thereafter Williams Brothers Lumber Com-
pany petitioned this court for leave to exer-
cise the power of sale contained in their deed
given to secure the debt referred to in the
original petition ; and on the 7th day of June,
1930, this court allowed them to exercise the
power of sale and sell the property thereun-
der, subject to the prior loan of $1,000 in fa-
vor of O. C. Kidd, but required them to report
back to this court before jiclivering a deed,
in order that the same might be confirmed,
and requiring them to pay over to the re-
ceiver all funds derived frpm the sale of the
property to be held until the further order of
the court; and on the first Tuesday in July,
1930, the property was sold pursuant to said
power and was purchased by John I. McCord
for the sum of $1,550, ang on the 7th day of
July, 1930, the sale was confirmed and the
funds were paid over to the receiver in ac-
cordance with the order, Thereafter fees
were paid amounting tq $200, advertising
amounting to $32, and ipsurance and bond
premium amounting to $20, leaving the re-
ceiver on hand at this time the sum of $1,550,
less $273, or the sum of $1,377. M. P. Roane
intervened in the case, gnd set up that he
held a loan deed against the property in the
amount of $625, which loan deed was a pur-
chase-money security deed given to secure
$625 in monthly notes, al] of which were due
and which represented a part of the purehase-
price for the land described in the original
petition in this case, and he claimed priority
over all other claims. Thereafter the fol-
lowing laborers filed an intervention, claimi-
ing priority over the loan deed of the plain-
tiff, to wit {naming them] all of whom claimed
a total of $530.35. Thereafter, to wit, on the
16th day of January, 1981, before the funds
were disbursed, the plaintiff, Williams Broth-
ers Lumber Company, by way of amendment,
set up that they had purchased the notes giv-

SE rer
C=>For otuer cases see samo topic and KEY-NUMLER in all Key-Numbered Digests and Indexes

rg ye F

ROUNSAVILLE

& MEANS

hatteeg « Ce) - Lie flH7 :

RESIOENCE

(<= vA TY,

DATE y-ze APACS OTHER

pa et
VICTIM AGE RACE, , METHOD
GE ET. Gomi res Lead, fa

SYNOPSIS

ae acl Ls LacYion Ko~/O vy tars
= aT ia 'w anes A a . LAA
Head Ul hae chiach habe inhaaah sth 7 Aacaanail Ioan

KU,

Lid Liga plitty on ap ee ha Wow oe. A ctv lin, si eile
Lard Apia Ls LEDC, Co a ae eee A WA uadtengh ini — ~ / Kat Le hin
Cf

a ~
We Lad pr C1 CL Law a tbr ane, AL aliphatic At aah)

ty Llp andes be acee cares. pethirs . hews lisp tart ice Lah _
thiyy had 22? peated ca te acetals tt teat Sin gens
poiedirncs Af ce Mah Jar: ee ah eve Aad \ yr
BppernTnd Hin hilowve Fecot tigs oe LAtad s0f fru
he ue hes actiund oy Oaks:

witeresi of Worth County and Southwest Georgia.

» GA., FRIDAY, SEPTEMBER 1, 1911

S world, dependent upon me; now, that! hand, from which he sane: Hain wa betove his Ce:
wlby io Lhave only a few minutes longer ‘led the ~ foes ‘ es
tof bas on this euth, [ want to Say to
as Vigdet. vou thatI have a hope that I will |
vay ther! yo ta Heaven. I haye often! hang

slightest tremor in his voice, and. later,

: : I, \
ws he read the lines. Af. TANG iInfwe Pea:

without the Jeast movement of Ask bim to vote tf

singing without Ue! we have all MOU lade di sre
‘

. Feet be ge sea ay
you see : prayed for my wife and brothers | 4; singing four verseses the! “that no Man thathete 203
pon my .chiid ren, asking God to dircct| rope was plicad about his neck, | mies shuli see (od.
hy mid their abe pe atin ca To od his request, before the blacic! Bareweil, mr f .
Ase Mc. take alesson from this. my death, | .. “es on aw ae. | torn :
we your! and ulavays live right.’? ied. wih hae hou pnoae Bi
e would | here, Mr. Rouse asked some ! -_ nora Se es haere ae
= acl eee ; Was being adjusted, bis hands |! ACGSREATION ey wr onan
mc Omy i one what time it was, showing and feet tied together, sR ee Mee Stn

. how tuily he realized the incon: “Mr. Potts,” says he, “I want! Editar Worti: Coasts

@ been aj coivable sovcmnity of the oce® you to be the man that will do! Dear Si,
game Mb sion, when being told that it Was | the worl, will you?” “ZT wil" Please wlow me space v
ase that} half past ton, he said,: “Well, Ti says Mr. Potts. rect @ stateme.s uscon by
aps ibis; have only a few more minutes | “Brother” says Mr. ° Bob friend May Jesse liad dp se
aye a bout With you, friends, and I want UR | Rouse, “you are about to leave| 2? tteld of caiton peown tis

ad them i to sings some.” ere he got his
ue but] song book, saying ‘You all will
¥y Swore; have to sing first,. for I fool so
ly about | deeply the faet that this is the
y. but T! jast time L will eversing with you
I talen | dion this earth.” Tle said, “I
whom I: want you all to sing iny song:
il would | that has corn forted me and civen Payton. Will vou do it” Mr. stailx though wie vu
', jine strength during the many

aad t deinen : ns that ; . ;
ene ses ar ed bil What 7 tirmative, and the prisonor said | 01s on it, but Seld +

}
ewes ne

“UCT having led the singing: of four can use God's sword in tallcing) O@!es to eve and the
PCTHLDS | verses of this, his brother's wile,
x tO YOR! was oresent during the morning,
now, in! led in prayer. During the pray:

y ir

H ly Oma aanas
jto Payton as you know how toj00lY = Acres in it.

; ae ~ i) Jrntts 4}, }Governinent Was ai my
toto the} With the arms of his little gir}! body and go, for what's the USC. | sd ares - oe eas ea \
*C he : : aly as , - we land wentover wy cree an
ow shat! thru the bars and avound his} How much rope do you give me? luhis pat " (2
ow that; fs J : ) at ) PUhis pated of 2 aeres anu on
Sh open | neck. The prayer was conelud-/On being told, he — said Bhat | ee
eS MA ty wasn’t cnough, that it ought to) % Would aie Die rae
idoisio! 2 by Rove Mr. Reiser, after) : Bu, baad 8 | ve th rig ,

sep ; tun ‘ yee re SAYS boave La ae ces 2
upon Which May. Rouse called for an-| be tive foot. Tle says, fix the :

mn sry yee tf wrache ’ } ayy s pMmAKE PAO bates. of,
other soup, and sang “We shall} ope first; don’t put the cap on,

VVarrveaery?

CROC bi Oe . ; Fearta nlinatinn f they seeeted: mays! sae
seet me, Balls In his hand;” during the|(livected the adjastinent of th ~ ; a

one f : . Awe fran Xj. wy | WOH 222 ovine,

chapter: Came and put his arms about his | he says (spealing to Mr. Jolin Scan. ba Pi ee
se ; Anas ix it: you }acres in this sed «
Vega al neck through the bars and wept} Hanes) “I want you to fix it: you See AE Fcc ecscacss. Be
ss yet ‘lave a friend of mine,’ will still improve 1

: totes om waetionee | Pall seus drones? fe 4

Rouse, “I want you to go and [SMted, my rows ave

7 Ones y * sew fe We alias
Bob Rouse answered in the /af.| ad come off astatic tha

talle to Myr. Payton and Roh. Apr’, OVE MOC astaucio |
. - 7 Bate ” otth vs TEN orgy ere UR ETT
Sutton; Sutton is my friend, and | WUl average Pst te every
. F er 5 WCE dedey® (28
(want you to talk to bim and {234 Wil not aver aeons

pede

. : : ntakield Ga. clowns? ous
(us, If thereis anything yon want; Pe Oukhelg Ga, Tiwas i eer.
| to tell the folks, I will do it: for [Ch Bou exainpre Gia ays
you". “Bobvie’, says Mr Chis hold will not avewe:

Phe:

Ga,
soy
re

ea
a,
bas Oe oh

o- e.
; : ; > spay » , OL COLON IS Prant sees
wen) Know Lin by the prints of the! for f wantto sce it all’? and le

ji NG ; * i y pox, SO AT t8 weighed SOMO Biases
my. song, Mr- Sol Rouse his brother.| rope about his neck, ‘Sohn", ‘

2 . . a Iyeat Yoav ties Srouve
do it.” Well, I recon I had just; Prot, Preston 2 es
; : aS wall es a Pelee: A a na, Ga, emoloved oy i,
9 say to] eT Me. Rouse lmneeled in his cel |45 weil say guod-nye to every: | sects Megtayed bi 4

. ‘ sera the Winte F2o vel sa,
Priend wehavein Jesus.” After|“I know you will do it, and you 82 thet, I thick it wili nm:

eae

—

one 6606S CASEI
CCONOQUESE

A native ef Sylvester, Mrs.
rate is a graduate of Worth
County High School and
Abraham Baldwin
Agricultural Colleze. She
received a B. A. degree in
home economics from the

Iniversity of Georgia.

Among her duties as home
economist here will be
organizing interest groups and
conducting workshops for adult

ln q
‘Anta ~*
@ERA Pay F

eneato & Why

Bom pe
‘amet Clan:

peered ead de A apap

Tr 7

i mete momen mg FS am em mo

a PRCA ya aD ao Gres
oo

oe wt we

The annual meeting of the
Mount Horeb Baptist Church on
Sunday, August 25, drew people
from several states to the old
church which their ancestors
had constituted.

Although more thani00 years
have elapsed since the church
vas founded the faith of the
founcers inspire those who
gaiher yearly. The program
carried the agenda for the day.
It also gave pertinent facts
concerning the founding and
history of the church including
the names of many who served
the church over the yegrs.

A memorial service for
Robert L. Deariso (Bud) whose
ancestors were among the
founders of the church was
presented by Miss Marjorie
Combs. the Reverend Ed
McGee brought the message.

Dinner was served after the
service. It was a time of visiting
and fellowship. All who attend-
ed went away refreshed and
strengthened by the memory of
the “faith of their fathers.”

TOBACCO FAMILY

Tobacco is closely related to
such other plants as pepper,
Irish potatoes, egg plant, toma-
toes, Jimson weed and petu-
nias. But it does not resemble
any of these.

STATE ELEVATION

Flevation of the land surface
in Georgia ranges from sea level
on the coast to approximately
‘800 feet in mountains.

MRS. TATE

women in all areas of home
economics.

“If I had one speciality, it
would be cooking,”’ Mrs. Tate
said, “fancy or plain, I like
either.”” Her office in Moultrie :
published two cookbooks and
she would like to do the same in
Thomas County.

She will also be working with
the 4-H girls’ 4-H programs,
work with individuals through
personal contact and a monthly
department newsletter.

-_ 7" g a
jg) Oa A PO Dy AE ey
eam ot anok as as—

AOL fad £tada
(Continued from Pago 1)
Seminary. He received his
Doctor of Theology degree
from Union Seminary in
Virginia.He is married to
the former Eliza Britt of
Tifton. They have two sons,
Richard, editor of the John
Knox Press of the Presby-
terian Church in the United
States, and Timothy, Chief.
Psychiatrie Social Worker
for Health Care Services of
Alameda County, California.

A dag
saudi
tomorrow pass you by. If the
door to your future is locked,
education is the key. It may
be the best work you've ever
done.

“Learn more to earn
more. Get a better position
on the job, geat a better
education, get a better job,
be a better citizlen, and live
better by registering at
Worth County Junior High
School for classes each
Tuesday and Thursday
evening from 7:00 p.m, to
10:00 p.m.‘

And everything is free.

To
wis woe

for $100 - far in excess of the
requested dollar-per-
member,

Persons who would like to
help are asked to send
donations to Calhoun Jay-
cees, P.O. Box 185, Calhoun,
Ga. 30701,

RP ese
. —

Oe Re Ske on na kuiyy
liagiarimer in tae day at Niuses,
were it possible, could have
been placed on the modern
American farm of Thomas
Jefferson approximately 5,000
years later and with very little
instruction could have carried
on a ‘modern’ American
farming operation of that
period. Study shows very little
advancement in the area of
technology and mechanization,
especially in wiregrass South
Georgia, until the late 1800's
and early 1900's. Consequently,
the Georgian 70 to 80 years of
age is literally a walking history
book, having seen firsthand the
Subsistance farming of the
pioneer Georgian to the modern
commercial farm of 20th
Century Georgia.”

What type of man or womanis
Mr. Woody looking for to relate
farming practices and rural life
of the past 75 - 100 years? One
excellent example is Mr. and
Mrs. S. T. Gandy of Lenox,
Georgia.

Mr. Gandy was born in 1890 in’

Hamilton County, Florida and

a
Eend

lS emcee
& Gaus

(Continued from Peco 1

named Lewis Watson was
hanged on a new scaffold.

The first such execution,
in 1883, was a grisley public
affair which grew
improper preparation,

According to accounts of
the day, the hangman was to
have brought a grass rope
from Albany, which he
forgot. So he hanged the
(unidentified) prisoner with
a hemp rope, at 11 a.m.,
which ministration left the
convict unconscious put
alive. A physician was
instructed to revive him,
which was done. +

Then, using the grass rope
which meantime had been
brought over, the hangman
proceeded to effectively
execute the poor devil at 3
p.m, that same day.

Use of the gallows has long
been outlawed in Georgia in
favor of the “more civiliz-
ed’ electric chair.

The old jail was built in
1905, the same year as the
courthouse, at a cost of
$13,723.75. Cost of the
courthouse was $45,996.50,

grt }y le tpi,

vas

Vaiblapyer, plaid) out

recoliections of -iMr. Siar wy. Xt
Was about this tim that his
frandimother, after the d ‘ath of
his grandfather, moved with
three small children back to
Georgia from Oklahoma. Mr.
Sl

lappy said, “My father was the
oldest, five years of age, anc
there was two younger si
iwo and three years of age
They came back to where they
had some ‘folks’, They had a
pretty rough time, there was no
fancy eatin’, just what they
could raise on the farm. Dad
worked at tasks such as hoeing
and picking up roots il he
was old enough to plow; he
worked his first crop when he
was 10 years old about 1879.
Things got a little better and
they got to where they could
have biscuit once a weck.”’

Mrs. Siappy recalled growing
up near Danviile, Georgia in
Wilkerson County. ‘We really
had to work and work hard.
Everyone had a task to do on the
farm. We would have a school
picnic once or twir a year --
one room, one teacher school
usuaily with three or four
grades. We vent ts church;
they put us in they
went to church ie:
time to spend th:
neighbors. We usuxily killed
to 16 hogs for meat and lar
There were no old persons
homes and no orphans homes in
them days, older people and.
orphans had to move in with
relatives. There was six of us
children, grandmother, two of
ner daughters, two of my
cousins, usually one school
teacher and mother and daddy.
I don’t see how mother cooked

’ for allofus!”

Mr. and Mrs. Slappy are a
g0od example of why Georgia is
the outstanding agricultural
Staie it is. Having a grand-
mother who graduated from
Bessie Tift Coliege in 1850 at 16
years of age js certainly a gooa
background for the student: of
modern agriculture, Sim

Slappy, 72 years young,

The purpose of oral history as
relaied to the Georgia Agri
rama is to supple.nent
limited amount of printed
material needed in historical
research to properly authenti-
cate the operation of the living

historical farm. The Agrirama

is indeed fortuiate to have so

many wonderful people who
remember so much and who are
so willing, as Sallie Gandy said,
“We will just be tickled to do
anything wecan!”’

Oca

S72 17%

clild apparen ily was che
trom the truck, which then
ranover him,

whee Se nienctsanhhamiimatdl eal

cd EE Sa SS

OLD GALLOWS GOES
starkly furnished steel
Lighted by only a sing

- This grim and ever to thread the gibbet above ‘the
and. brick room, trapdoor
le bare lightbulb, Pritchard
the gallows in the old Worth County Jal to the new jail SucsGay,

is Worth County Sheriff Leo

All prisoners were transterred

as the’ sheriff

"
Ven op wean gr A mD aN

os tas Cinda SGad

Seat ese YW

A series of at least two |

burglaries appeared solved
this week after Sylvester
Police captured and charged
a juvenile caught in the act
of raiding Montgomery
Seafood, Chief T. L. March-
man said.

‘Tue juvenile, whose name
cannot be published in
accordance with Georgia
law, is a white Sylvester
youth.

Marchman said the arrest
vas mide about 10:45
Friday night when a patrol
unit spotted the suspect
coming out of the roof of the
establishment. Loss was set
at $75. Subsequent investiga-
tion indicated that Montgo-
mery’s had been victimized
at least twice by the samme
youngster, who faces action
by the juvenile court.

where Bill Rouse, still protesting his
innocence of the murder of Bill Bailey,
dropped to eternity exactly 63 years ago,
Pictured holding last hangman's noose

moved into his new living quariers also in
the new jail, on which complete story
follows next week.

ORIGINAL STORY REPR

By Bob Hunter

With advent of the old
Worth County Jail having
been sold _ this month,
modern readers might be
interested in an account of
the only hanging ever
conducted there, in Septem-
ber 1911,

A full page account of the
hanging is reproduced else-
where in this issue of The

falancd hs
ty

fot hes BA Uhh

WE EK OF AUGUST 25 -

Friday

Sunday

Monday

Tuesday

Wednesday Noon.............

Thursday 7:30p.m

Firday

8:30 p.m... AA and AlAnon, Methodist
social hall,

WEEK OF SEPTEMBER 1-7

1p.M.................50uter Family reunion, City
Park.

... Toastmasters meet.

7:30 p.m............Sylvester Lions Club.

9a.mM................. County Commission meets.

8p.mM................. Worth Chapter 454 OES.

..Kiwanis Club meets.
Jaycees meet.

AA and AlAnon, Methodist
social hall.

IA TaTre FUNERAL MOuT

Ase edt dnd «£

Port @ her
Phone 776-2055

Sylvester Local.

The gallows is simply
heavy steel ring to secure
the noose, above a_ steel
trapdoor actuated by a
manual lever.The trapdoor
has long been welded shut
lest some stumble footed
misfortunate accidentally
actuate it and fall through.

In recorded history, only
four legitimate hangings
have occurred in Worth
County, according to the late
George Young, who would
have been 97 years old this
year.

The latest hanging, a
private ceremony, resulted
from a 1909 conviction of Bill
Rouse for the murder of Bill
Bailey

The other three hangings

REGISTRARS WILL
OPEN TWO DAYS

The Board of Regis-
_trars Office at Worth
County Court House will
be open from 8:30 a.m.
until 5:00 p.m. Saturday,
August 31, and Monday
September 2, 1974.

OLAAIAD Ed

A Oe ea

took place at Isabella when
it was the county seat,

In a private hanging Ned
Jackson eal salle a black
already serving a life term
for murder, said the price
for murdering a_ fellow
prisoner.

In 1889

Midget football registra-
tion, as well as registration
for midget cheerleader
was announced today by
Gerald) Melton, Svivester-
Worth County Recreational

Director.

Boys aged iz may
register now three h Sept-
ember 6 between the hours
of 10-¢at Deariso Park. bas

year 150 boys, comprisir

five teams, turned out.

Melton said he expects
larger group this year.

‘Girls aged 6-12 may

same site, same hours.

Both sexes of midgets
must have written parental

approval.

a ee

ry ses » DEN

i a a Yd : ion

J fi
MG Mow bid ‘ae ist
aa i ted 8 Bo facade CS

This newspaper, as well
as most businesses, banks
and other agencies will be
closed Labor Day Sept. 2
soth advertising copy and
news should be submitted

4 beelere
ys Lplok,

Re CR Re ree mre:
7 eS ws

i ad Me Sis Bees

to tie paper by Thursday,

August 29, and not fater

than 9 a.m rricay,

n
Angust 30, if te appear in
the Se dleiiber Sedition.

Foe ol.

Ga ;
Fl2Y/09 7 ¥

° . : - Le rysat OF aA
; 7 : OF AGUA v
“UuuL POU PuOY qnq asnotl ah Hy OND OVE"
sry ape nck oq ON 1 toy ol

t . er ARO A ea ere ev pid 4 f $0 eb iy hae" ail Me tees- geome
Aen ae vter came and put his arins about his | @e Ray ES cen Lg TOO wa an | aera i ne vee d a
een He Y 2 , ix ite ron!’ Us See G
heard a; Reck through the bars and wept/ilanes) “I want you to tix it; you |
Mire: oe * bp -

i i Hl stilimprove in 2k

+ ere | se At this juncture, a parting | Hall was hon ; :
WOW TS Mov. Rouse said “I have only a

f bubonly nilsinices. sre!
took place between the prisom pj Ub ony Niisiawe, :
. » ’ Wie Veons Lr a4,
and his brother, Bob Rouse, anc 1 lish thi: - Pra,
on being asked by Mr. Biol exaggerated,

eh with. few minutes more to-be with you
e¢ Hy . . kd
ma peo | hut Lean't help singing from Joy

oy Meure for Vchow ahagaytierciver 1 vole Rouse if there was auy thins My named. \

mee art God will be with me, that "Dis else, said: “Bobbie [want yuo gy Shei of WV \

do tesvs. vod and his stall will comfort Mey yy kiss ine, for this is the last, “i ki Seti
for T feol that God has come to ail T wiht Sr mu to you: that wt yt ‘

Dybaeea The wow, and T fear nothings shonin

: oe so tar oas Ciow, Tau ready to
yp The said "Sollie' 1 want to tell

i moet God,
sULED ny i hefore f slit i y uve
SLL vt Vou netore Tyo thatif you have Heavenly

finery 13 @ ster

Karewell to you all. | A a a
:
Wather, reecive my it Avis

Wee. ee

#4 -— Quy Cra wies Whe Insult you, and soul, [ pray unto Thee, this day. anil Hisguediies u *
during! say thbtuscs abont you that you With this prayer: on his lips Albay bm Lah gets ot
ON .. lel thinle ve ex ke, just pasa eet eT eat short iadt
ts thati aes : ap cate! foe - the soul of Wiiliam Royse was]? [Miles thi
: de Whod ne eee in | , | Warted into eternity, Vee Hies st,
; we ig Os [know fre experience that After the drap fall fis 18 pip Magpeedod gs gy
} oat ls . 2 } tani i H ‘ setae F
ud that ite you let your passion get the utes he was pronounced: dead bre hea’ Later
° ee ° Ls ‘ i rid ia € quit 1 Ba = Hs 7 —
dto Mr’ verter of you, it will ruin you.

‘ Sy ane Tron ne ak
attending pliysicians; and in vs ggg a
. SAC ODO

te the fers sec se

will go | You see where Iam to-day: and

mig ticad ly] Want you to take my adviecand

|live so as to meetime jn heaven’, |
} + «

. e baby | It was sugrerested to Mr. house

minutes the body was turned i,
over to relatives,
_The remains wer
Red Oak for intery

ror She! by Rey, Mr, Reiser that he was
cd her | soon to meet his God, and ashe
y

enor s
rere Sana

LETIPER TO MR.

|
|
|
!

the gal-s hin, if 1e@ Wished ¢ ake ¢ . sition astened Sf thesge cee ai ibany ten Vedig 3

is ciberlenaate. beasld, " wae ~ Upon beings asieed Zs eee yes ds to mos : :

irl, I tola you and my friends here and i an aie meee aoe a npn | ln - ie ohne i

> Price Mr. Potts is true, and althoug pieene re _ ae seg ‘ naa iets: te a ra a
es ee : , © “he said that he desired to send a, -eoagaia gen

ober or have buta few minutes lonyer to,

ietter to Col, Cheude Payton ana /feture nha kosehts
PINAGSGuUAlTe Gemot
; _,iAlbany Culehes up wr
| Whon'nakea it “he desired ta Mr, Sutton js a very dear friend posed ouiidius,
OS ER Ma a oe ; : lof mine and I want to say to hits;
i) Mx. [inake any further statement mi that I know he is my friend, vat!
S rath j regard to the killing of Dailey, he} Mr, Sutton you are an unsaved
fy &ha;said:Twantto say before God! man, snd lost
-lailofyou Who are my friends! Whils I ase seon to go the gral:
[that the wound made in Bailey's !lovs to be ushered into eternity
ouse’s Neck was nob made with a knife, ;Some day you will come to.
lbué with a 38 pistol ball. Imake} I want toask you to depart
i the {this statement knowing thag 1|from your sinful ways and look
ther’s fans Soon to mect my God", to God for Steength, for that is!
At his request, every one left} your only hope, And to cast all
va tthe cell,except his little daught-jeviland hate from your mind
cae, | Nixie, Who remained with him a{that you have towards your fel
< | behnaeeechit .
1 tbe short while,

several live, I Wane you all to know that I: Mr... Sutton.
uf un jhave told the truth.”

Dicide,

stat

Other Fellow'’s Success
Most of Ue other felicw'’s so:
fs credited to Inek. and

&
a
e
ws
1)

tg a penurious tivieelion ate
lowman, for Jesus has said that! G! ,
iupa!l Eefore being take to the gal: “he xia ARMatl cai ar ines Mea
‘Osh tows, he gave minute instruct. {Murderer also

Telescope His Tam,

hh After Keeler had b Mes
urs imregerd to his burial} J want you ‘to bow On NOUF | the Lick OF rorvaterr,
Weulue apparel. ete knees before God asking bim to! Rd Mis ashes were b: t
ret) pperel, c. aris . vay f rrgal, it: Sis
: eMENT ON THE GALLOWL [Strengthen you, and hawill do i, aii . ee
¢ eabire attee
- Good bye, my friend, coud bye ta pMace, a hetiee tgets
she was standing on the ees “dl % sa ak os Ae eet Be Sane ‘tL we
ae igs sl eg a Willan Rouse. : gia of the 2 6b s,
steows With the sheriid, My, L

taAGie =
seOCLT LS
tho
xX: >

“ous, Standing by him, at LETTER TO CQL. PAYTON

; Ciure’s Meva ste,

vo {US request, ho said: “I brought Teil Col. Payton that Tam 2 ‘ase
a tg tts aire a Lieb: - Want: wood a friend te hin ax a nan! . libel acy
eat it lnuds tO slay—-wheee fs teeicouid be, hola net sing ageinat | te M3
g ale tient T want to YES Where! him, and there ts mordiay Lwouli; 2 '

_ eeeey tue is—noy [Po wags YOUlne: do for him to save hts sont 1 eat -

SO bate i tfauwy mew | WE Tat pee” Tap Bre: Ge” hh opie tag 1 > itty
PRG yoteel to ches “Whats frien VOi wight eas gs aed? hg lh
Hes ye! } BAG Ree. ser!

soe ee

Metadata

Containers:: Box 12 (2-Documentation of Executions), Folder 17
Resource Type:: Document
Description:: Herbert Reddick executed on 1947-06-30 in Georgia (GA)
Rights:: In Copyright - Educational Use Permitted
Date Uploaded:: June 29, 2019

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