The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-01
wHITECAPS SET UP A WAL.
THEY ALICE THAT THEIR MAIL
HAS BEEN INTERCEPTED.

qhe District Attorney Accused Of
she Action in order 40 Obtain Evil
dence Against Them-The Con-
tents of the Letters said 20 BE
Very Damaging 10 the Prisoners.
Perjury TO Substantiate False
AIibis Alleged.
Atlanta. Ga. Jan a1.-The trial OF John
Mcintyre. David Butler and John ouarles.
alleged whitecape. charged with being
members Of the gang that attempted 10
hang Henry worley in Gilmer county be-
cause Of information given 10 the revenue
oficers. took a sensational turn to-day.
The three men were indicted with about
thirty Others. embracing many well known
citizens of Murray and Gilmer counties
Morley. the victim. was shot and killed IN
his corn field one day, after an attempt 10
hang him by the whitecaps failed
Within the past few months the govern
ment has. been almost powerless 10 en-
force the laws In the mountain section
Of the state. where the whitccaps reisned.
Besides defying the revenue officers and
intimidatinE witnesses it is claimed by the
government officials that the whitecaps
hesitate at no amount of perjury 70 pro
teot any Of their number who fall into the
hands Of the courts. Their present method
Of thwarting justice is charged 10 be b.
swearing 10 aubstantiate false aHbis.
To-day when the three men named were
arraigned. Hon. ". c. Glenn. their attor-
ney, launched a sensation by demanding
a continuance on the ground that the let
ters had been intercepted by the district
attorney. their line Of defense ana evidence
that could otherwise be used against
them having thus been obtained by the
government and therefore they could not
be given d fair trial. one of the men, Nc
1ntyre. was TO he tried for his life.
While there have been rumors of such a
charge being made for several days past,
II nevertheless created a profound sensa-
ton in court. In making his charge Mr..
Glenn said. Not even the President Of
the United States, not even congress, can
Interfere with, or intercept, the cores
pondence Of citizens of the United States"
He cited the Debs case. in which conspir-
acy was charged extending into every
state in the union. Debs' was searched
Tor his private papers, and federal judge
ordered that an apology be extended on be-
half of the government for such an out
rage. Mr.. Glenn stated that last Thurs
day one Of these defendants. then confined
in Fulton county jail. was searched under
orders of the district attorney and that
letters written within the last thirty days
were forcibly taken away from him.
These letters, he claimed, were to the fam
lilies Of the prisoners and from their fami-
lies to them and concerned the defense
which was to be made on their trial. The
men, he claimed, had no other way TO
work UP their defense and the interception
OF their private letters was an outrageous
pollution of justice.
The three defendants were called to the
stand and all swore to having written let
ters which were never received by their
families, and that their families had writ
ten letters to them about their cases that
they had since learned had never been
delivered 10 them. Quarles. one of the
prisoners. told of losing a $50 check on a
Dalton bank by the interference with his
mail.
]. G.. Robinson, a lawyer, swore that
at the request of the prisoners he de-
manded the letters of the district attor-
ney, and then appealed to Judge Newman
himself. The court ordered the delivery
of the mail, and it was not done until
then.
Henry Mardis. the iailor. swore that he
delivered two patches of letters for the
prisoners to the Office of the district at
torney, under orders When they were
returned about half had been opened.
District Attorney James and the assist
ant district attorney were then called
upon for statements. Both denied hav-
tng intercepted the mail, al charged, al
though the letters had been delivered to
their Offices and remained there some
DAYS. Neither of them, however, opened
any of them, and neither did they read
any of them. Mr. James claimed that the
prisoners had been searched at the Jail
10 thwart a conspiracy by which they
were to escape, when being brought to
court, and in reference to his refusal
10 give up the letters 10 Attorney Rob
inson. he declared that he acted with the
knowledge of the court itself and was
actuated by desire to prevent a con-
spiracy to establish false alibi, which he
had been Informed was in existence.
Mr.. Rucker admitted intercepting one
letter sent out by a prisoner named
Montgomery to A. X. Ramsey instruct
ing him TO get up an alibi. This letter
was handed to Mr.. Rucker by Tailor Nc
Coulogh, who said he thought it con
tained conspiracy matter, and Mr.. Rucker
opened it and kept it.
The letter, which was very damaging
TO the prisoner. was read.
Assistant George Bell, and other at.
taches of the district attorneys office
were called upon Tor statements and all
swore that they had nothing to do with
the prisoners letters brought there.
Judge Newman overruled the motion
for continuance. He said he did moi
think there was anything in the charge
that the prisoners had been damaged BY
the passage of letters through the dis.
trict attorneys office, and that he believed
the officers of the court when they swore
they had not read them. Upon the pre-
sentlng of new indictment, however, q
continuance was granted until Feb. II
The case bids fair to develope further
sensational features.