The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-04-16
CURRY TO GIVE $500 BOND.
THAT AMOUNT REQUIRED By
JUDGE FALLIGANT.

to he the Not
Come to savannah, and Lieut..
Curry Returned to Augusta Last
Night in Charge of Deputy Sheriff
O'COnnOr to Make the Bond There.
AHidavits Submitted to the Court
From Officers and Men of the Third
Georgia to the Effect That Lieut..
Curry Was Not Intoxicated When
He Killed Reed, and That He Call
ed Upon the ArtilIeryman to Halt
Three or Four Times Before He
Fired.
Lieut. Frank z. Curry, who is to be
waite Leo Reed of Battery 1 of the Second
Artillery, on the night of Jan. 20, will
give bill in the sum of $500.
Lieut. Curry appeared before Judge FaI-
lgant yesterday, accompanied by his at
torneys, Hon. F. G. duBignon and Mr.. A.
A, Lawrence of Savannah and Capt. ].
Z. Pottle of Milledgeville. The petition
f6r bond was presented by Mr.. duBignon.
who also presented a number of aff1davits
bearing upon the case.
The petition cited the fact of the arres,
on the charges named in the warrant. de.
MED the guilt of the petitioner and re-
quested that he be allowed TO give bond.
The aftidavits, which had been brought
down from Augusta by Capt Pottle were
read by Mr.. duBignon. The affidavits are
all strongly in Lieut.. Currys favor. They
are from Maj. John S. Cohen, who was
provost marshal of Savannah at the time
the Third Georgia being then on provost
duty, and from a number of officers and
privates of the regiment. Uncontradicted.
the afidavits establish clearly the fact that
Lieut.. Curry was not drunk on the night
Of the shooting, as has been charged.
The affidavit of Mai Cohen is to the eff
feet that Curry was on duty at the Pink
Light saloon and that neighborhood on the
night Of the killing, and that he and all
other officers of the provost guard were
under orders to arrest all soldiers who
were found there after O'clock without
passes, using such force as might be nee
essary, and that in view of the reputation
Of this particular section for disorder
Lieut. Curry was cautioned to use extra
ordinary diligence in carrying out his or
ders.
Affldavits from Capt. Davies of Company
A, Lieut.. Steiner and Capt. Kimban of
Lieut. Curry's company, all officers of the
provost guard at the time, were read
These attidavits were TO the effect that the
orders just cited had been issued and that
Lieut. Curry was on duty in that section
of the city in obedience to these orders
-Four atiidavits from privates of the Third
Georgia, who were present at the time of
the shooting, one being member of Lieut.
Curry's company, all unite in stating that
Lieut.. Curry asked Reed for his pass that
the man did not have pass and that
Lieut., Curry told him 1t was his duty to
put him under arrest and did so. That
when Lieut.. Curry turned to examine the
passes of other soldiers, who were present,
Reed broke and run. One of the sentinels
called Lieut.. Currys attention to the fact
that the man was trying to escape and he
Immediately started after him, calling on
him to halt. Some say that the can to halt
was made three times and some say four
times, but all agree that at the last CALL
Curry told him that if ne did not stop he
would shoot.
Another affidavit is from the sentinel
who was walking his post outside the sa-
loon, also a member of the Third Georgia
to the effect that the call to halt and the
threat 10 SnOOC were made.
All of the Iaffidavits, both of officers and
men testify TO the fact that Lieut.. Curry
was sober at the time Of the shooting.
After hearing the affidavits, Judge Falll-
CANT called upon Solicitor General Osborne
TO respond for the state. Mr.. Osborne re-
piled that he would make 10 opposition to
the petition for bond as Lieut.. Curry had
been on military parole ever since the hon.
icide. Judge Falfgant then fixed the bond
at $500
Lieut.. J. B. McDufie of the Third Geor-
Bla, whose home is at Hawkinsville, had
agreed to go upon Lieut. Curry's bond
Tor any amount. He. was wired to come to
saVannah at once. Lieut. McDuffie wired
pack that he was i'll and unable to come
but authorized Capt. Pottle to sign his
name to the bond OF course, this could
not be legally done. AS Lieut.. Curry had
no desire to go to jail. 1t was arranged
mat he should return to Augusta in charge
OF Deputy Sheriff O'Connor, who has re-
manned with him since making the arrest
IN order that the bond may be made there.
accompanied by Capt. Pottle and Deputy
Cohnor, Lieut.. Curry returned to Angus
Ia last night. To-day being Sunday, there
may be some delay In making the bond at
once, but not the slightest doubt is enter
FAMED that the bond win be forthcoming.
1ou can state on my authority" said
support of every officer in the Third Geor-
ga regiment, all Of whom approve his
course and believe that in acting as he
olq ne was entirely within his duty"
Lieut. Curry has a good many friends
anu acquaintances in Savannah. He is a
erdduate of the state university and sew
eral members of his class reside here. His
IIaehos, both military and civilian, have
eI"dys agreed in saying that he was one
Vi the most wholesouled men they had
ever known and that he would not will
1uIly nave committed murder.
me trial was fixed by Judge Falligant
tor June 10. 1t Is certain to be of much
interest, not only throughout the state
nNt throughout the country at large. 1t
- also likely to be an expensive one to the
oOuhty as there are number of witnesses
, WHO VIII have to be brought from dis
vance. The question has already been
Iaised as TO whether or not the county
should not call upon the government TO
ieiihburse 1t for whatever expense il may