The morning news., 1899-04-15
CURRY TO ASK FOR BAIL.
SLAYER OF ARTILLERYMAN REED
BROUGHT TO SAVANNAH.

Accompanied by Capt. Joseph T.
POttIe and Chaplain l.. B. Warren
of the Third GeOrgia-Capt. POttIe
One of His Attorneys-AppIicat
VIII he Made to Judge FaIIigani
for Bail To-day-FITs Attorney sat
isGed That Lieut.. Curry Has a
Good DefeRse-He Does Not Know
Why the Matter Was Turned over
to the civil Courts.
Lieut. Frank q. Curry. Of the Third
Georgia volunteers, who is under arrest Tor
the killing OF Private Leo Reed OF the
Second United States Artillery, in the
Pink Light saloon. arrived in the city from
Augusta last night m charge of Deputy
Sheriff Edward w. O'Connor. He was ac-
companied by Capt Joseph +. Pottle and
Chaplain l.. b. Warren of his regiment.
The party registered at the Screven,
Sheriff OConnor and his prisoner occupy
ing room together. A Morning News re-
porter was Informed that word had been
left that no cards need be sent up as no
one would be admitted, not even friends OF
Lieut. Curry. Chaplain Warren and Capt
Pottie were seen. however. The chaplain
accompanies Lieut. Curry as friend.
Capt Pottle was a wen known attorney
of Milledgevile before entering the voiun-
teer service He is not only a friend Of
Lieut. Curry, but accompanies him as his
attorney. Hon T. G. duBignon has also
been engaged as attorney for the defense.
An application will be made to Judge Falli-
giant to-day to grant bail.
Capt. Pottle said last night that he was
satisfied that such a showing would be
made, that bail would be readily granted.
In this case, he said, no difficulty would
be found in providing bondsmen. Lieut..
Curry. while not well known in Savannah,
has influential friends throughout the state
who can easily arrange the matter here.
Capt. Pottle, of course, did not care to
enter into any discussion of the case ex-
cept 90 say that he is satisfied that his
client has clear defense. that what he
did was done in the execution of duty and
that he only did what he had right 10
do and what he should have done under
the circumstances. Ample evidence can
be produced Capt. Pottle claims, to show
that Lieut.. Curry was not intoxicated at
the time, as was stated 90 have been the
case. 1t is evident that military law and
the rights of an officer under certain cir
cun1stances will cut considerable figure in
the case.
The discretion rests with the judge
under the law of Georgia to say whether
bail shall be allowed person accused of
murder. Capt. Pottle has brought with
him .affidavits of Witnesses which will he
introduced TO show that the circumstances
were such as TO warrant bail being ac-
cepted.
Capt. Pottle said that he had no further
information than that contained in the
newspaper reports as TO the reason for the
war departments order transferring the
case TO the civil courts The reason assign
ed in the report accompanying the an
nOuncement of the order was that so many
of the officers were on detailed duty that a
sufficient number could not be obtained for
courtmartias. This was certainly not the
case so far as the volunteer officers were
concerned, Capt. Pottle said, though Il
was doubtless true as TO the regular Of
lcers.
Had Lieut.. Curry been tried by court
martial il was expected that the court
would be composed of both regular and
volunteer officers. Until ninety days ago
this would have been impossible as the
army regulations forbid a regular officer
acting upon any courtmartial of a volun
teer An order was recently issued by the
war department allowing regular officers
to sit upon volunteer courtmartiaIs.