The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-26
NO BILL AGAINST CURRY.
THE GRAND JURY FAILS TO FIND
An INDICTMENT.

Bearing on the Case Submitted to
the JuFy-Anidavits From Curry's
Witnesses Also Allowed to Go in
on Account of the Circumstances
Attending the Transportation of the
Case to the state Courts and the
Consequent Cost of 81 Trial to the
COunty-A Regular Army Omcer's
View of the Case.
Lieut. Frank Z. Curry will not be tried at
the June term of the Superior Court for
the murder Of Private Leo Read of Bat
terry I of the Second Artillery. The grand
jury for the March term. at its closing
session yesterday afternoon, returned mo
bilf' upon the Indictment against Lieut..
Curry, which has been prepared by the
solicitor general.
This announcement viii no doubt be
received with surprise, as it was regarded
as a foregone conclusion that an indict-
ment would be found against Lieut. Curry,
or Mr.. Curry as he Is now, having recently
been mustered out of the service with
his regiment in Augusta. The killing oc-
Cured on the night of Jan. TO- last in
the nelghborhood know as Gas House
Hill. the trouble which led to the shoot
ing having begun in the Pink Light sa-
loon.
The Third Georgia Regiment was then
on provost duty in Savannah and Lieut.
Curry, as an officer Of the provost, was
making his rounds. He found Read and
number of other privates, both regu-
lars vn1nptaarc In bA 4
demanded their passes. Read had no
pass and was ordered to remain while
the officer examined the passes of the
Others. While Lieut. Curry was engaged
in reading the passes, Read attempted TO
make his escape darling out of the door
Lieut. Curry ran after him. calling 20
him TO halt, and when he did not halt,
Tired, the bullet INJECTING a wound which
proved fatal almost instantly.
This is the story of the affair told by
Lieut.. Curry and members of the Third
Georgia who were present. There was an
other and different story which was gener-
ally current a the time of the shooting.
and which caused a feeling OF Indignation
against the officer. Several CIVILIAN wit
nesses, including the keepers of the two
saloons at the Hill as well as soldiers of
other regiments, said that Lieut. Curry
was drunk at the time, and that he had
conducted himself in a manner unbecom-
ing an officer for some time previous 10
the shooting. The saloon keepers said
that he had raised rows in both saloons
acting very boisterously ana conducting
himself in threatening manner. Evidence
TO this effect was gathered by the coroner
ana would have been submitted a the in |
quest had one been held.
AS both the parties to the affair were
IN the military service of the United
States the civil authorities were without
jurisdiction except by the latter heine
relinquished to them by the military au-
thorltles, which was done later, not at al |
to the liking of the local authorities The
natural and usual method of disposine Of
the case would have been by trial nv
courtmartial Why this was not done is |
one OF the secrets of the war department
AS both the Third Georgia and the Second
Attiliery were transferred to Cuba short |
- at,er the kllling, the investigation could |
easily have been held there.
When the Third Georgia was ordered |
PACK nome 10 be mustered out the peea |
was MADE that so many of the regular Of |
heers were engaged in mastering out dutv
.la' suinciont number could not be got |
Ten together for courtmartlal ANA mo |
ease was turned over to the civil author
Ities' Lieut. Curry was arrested and |
Drought to Savannah and was allowed TO
nL,ltf n
ulctment heen found, the case would donbt- |
iess nave been tried next month.
BESIDES the witnesses in the CITY and !
Jouh u. Pllisbury, a private of the Sec |
ohd Artillery, who was brought here IRON, |
havana for the purpose, the affidavirs |
maze by members of the Third Georgia |
anu USED by Curry's attorneys in MAX
aug Application for bail, We're also sub- |
snl,teu 20 the grand jury. As the affidavits
Nor - -. M.
were directly opposite to the anti-Currv
s.oiy the grand jury thus had both sides |
OF the case before ii. This is rather m
usuai IN criminal proceedings but under |
'hS unusual circumstances of the case
was countless considered advisable Inv
poth we members of the grand Jury and |
mere We're some eight or ten witnesses
nefore the grand jury and in addition,
statements taken by Coroner Goette &c
N.thesses VINO have since left the city |
We're submitted N''
Inc reasons which led The grand iurv
10 ma no bill can only be surmised The !
proceedings Of the body being secret ana
the statements made by the witnesses be-
ing unknown The testimony is under
stood 10 have been very conflicting. This
'ose'her with the understanding that Cur
~ would have TO be tried according 20 The
rules Of military law which give the Of
heer almost unlimited powers over the
iiVes OF the men, made the issue of thu
trlal uncertain. 1t is conceded that had
curry been a civil officer executing an
order of the court or eudcavoring 10 main !
tain order that he would have had no
right under the circumstances 10 shoot
ana that there would have been a very
strong probability of conviction.
Being a military officer and in addition TO
this an officer Of the provost guard. with
almost unlimited discretion in enforcing
orders, al of which would have 40 be
taken into consideration by the court. his
conviction would be doubtful. 1t NAV be
that The grand jury, taking these things
into consideration and considering the cost
OF the trial 10 the county, decided that a
true bill would not be sustained and that
the county would be put TO unnecessary
expense in holding the trial 1t Is esti-
mated that the trial would cost the county
several thousand dollars.
Naturally, the question is likely to be
raised as 20 whether there was sufficient