The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-04-12
A WITNESS ADMITS PERJURY.
HEMPHILL NOW SAYS BUTLER WAS
NOT WITH THE WHITECAPS.

He Claims That He Gave the False
Testimony by order of District At
torney James-ButIer Claims 10
Have Been at Home ut the Time
WOrIey Was Hanged-The Defense
Trying to Get the Case Out of the
Federal Court.
Atlanta, Ga, April 1.-THE government
rested its case in the trial of Quarles and
Butler. whitecaps, soon after the court
opened this morning. The defendants
sought to prove an alibi.
Ben Remphin, whom the testimony
shows was in the crowd which hung
Henry Morley, was recalled by the de-
tense. In reply to questions from Col.
W c. Glenn, counsel for the defend
ants. the witness stated that he had
sworn falsely yesterday and before the
grand jury when he declared that Butler
was in the lynching party. He now
stated that Butler had told him that he
(Butler) was at home on the night the
hanging occurred. Hemphil stated thar
District Attorney James had told him
what to swear. The district attorney
said that he told the witness to tell the
truth. The witness added that DR.. E. o.
"swore him in" as a ku-l1lux eight years
ago
What were these ku-klux going to do?"
asked Col James.
TO put down the old lSu-klux."
80, it was a fight between ku-klux,
them"
Il so understood at that time"
The witness, a man 60 years Of age, was
frightened
Who told you to change your testl-
Nobody. Part of it that swore before
the grand jury was also a lie. The part
where said Butler was at Bloodtown
was a lie. l never told Ross Tison any
Ibid you then tell falsehoods before the
grand jury for the purpose Of prosecuting
The part Of it about being at the hang
ing was false" .-4
James had told him to stick to the paper
he (Col. James, read to him.
Yes"
Why did he tell you that?"
He was afraid 1 was going to lie about
It,"
Who scared you into this?" asked Gel
Glenn
"Dr. Stafford, principally"
Mr. James took the stand. 1T was hard
at first to get anybody to tell about this
case. Mr. Hemphin came to my office
organization and now belonged to another
one for the purpose of suppressing the out
law ku-kluX; l read list of ku-klux to
which he (HemphilD, belonged. He said
Judge Miner had advised them to do this
so that the Illegal ku-klux might be
broken up. | told Hemphill that did not
want anything but the truth. Hemphill
saw me several days afterWard and told
me about Butler taking Morley from the
house Hemphill so swore before the
grand jury last Monday. He announced
that he had seen Butler and was mistaken
about Buffers saying that he was at
Bloodtown. l told Hemphill he would sub
Ject himself to perjury"
mr.. Beli was put on the stand and re-
hearsed the conversation between Hemp
M and Mr. James. He said that Hemp
MI had said Butler had refreshed his
memory and that after all Butler was not
Mr.. Bell.
Mr.. Rucker was placed on the stand He
went over the same ground
Col Glenn here outlined the issue of the
vase, which he said was not whether
worley was hanged, but hanged in pur-
sudhce OF a conspiracy, because Morley
ddeported stills, and whether these defen-
uaHts were of the conspirators.
M Glenn outlined his plan of defense,
~nich was to prove that Morley informed
rOt revenue, which was not right and
PINIeSe under the laws and legislation Of
Sue United States. The profound motive
~ me killing of this man was to prevent
il!s ,3elng used as a witness against the
hq-kluX in Gilmer county.
,,Breiy the defense proposed TO throw
me case out Of federal jurisdiction.
80 n orley died as the fool dieth-a victim
~ ms own system. We expect to prove
.Ial Worley was a brute, and that to pun
IN MN for cruelty to his family was
another motive for Worley's hanging"
9S!d me lawyer. who was quite eloquent at
ms time.
Quarles and Butler both made state
4Lehts N their own behalf. They denied
G5hat they were with the hanging party
QuarIes swore that he was nine miles
SWay. Butler swore that he was at his
Iohn Quarles, Jr., was with him. Young
2udrles testified that ne slept with Butler
III me latter's house on that night. Three
and they corroborated the different points
made by the defense
morning.