The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-10
His Attorney, John 8. Bays, Pro-
nounces Untrue the stories That
Come from Illinois.
ONE OF THE LEADERS OF MOB
MARION DAvIs'S WIFE ASSAULTED
BY JAMES DILLADD.
1t Is said He VIII BE at the Hearing
To-Day and Admit the Part He
Had in Lynching.

The plea for the reinstatement Of Sheriff
John S. Dudley. of Sullivan county. will be
heard to-day at 10 o'clock by Governor
Durbin. He will be represented by Attor-
neys John S. Bays and Charles d. Hunt, of
Sullivan, while Attorney General w. l..
Taylor and his assistant, Merrill Moores.
will appear for the state. Under a law
passed by the last Legislature Sheriff Dud-
ley forfeited his office when he permitted
a mob to take the negro James billiard
from his custody and lynch him for as
saulting Mrs. Marion Davis and Mrs.
James Lemon.
Sheriff Dudley and Oliver s. Dudley. his
father and deputy, who was with him at
the time the mob took charge of the negro:
w. r. Mills, former sheriff of Sullivan
county; w. T. Douthitt, prosecuting attor-
pey. whose advice Sheriff Dudley
brought billiard back to Sullivan county
from Illinois: Sheriff Houser, of Robinson.
Crawford county, Illinois, where billiard
was held in jail for few hours; the sheriff
of Lawrence county, Illinois. and the chief
Of police of Lawrenceville, who captured
billiard. and number of other men will
arrive in the city at o'clock this morning
to testify for Sheriff Dudley in the hearing
before the Governor.
Attorney John S. Bays arrived in the city
last evening and at the English Hotel he
talked to a Journal representative of the
case he expected to be able to make for
Sheriff Dudley.
Dudley should not be deprived of his
Office" he said. HE did all in his power
to protect the negro, and it was through
no fault of his that the mob had its way
We expect to have Marion Davis, the hus-
band of one of the women assaulted by
Dillard here to-day to tell the Governor a
story that will exonerate the sheriff of all
blame. Davis was one of the leaders of
the mob. He does not deny II and he does
NOT seek 10 evade the consequenees for the
here to-day If the condition of his wife is
such that he can leave her. John Lemon,
the husband of billiards. second victim,
would also be here. but Mrs. Lemon is still
in very critical condition and he cannot
leave her.
STORIES NOT TRUE.
''The stories from Illinois damaging to
Sheriff Dudley are absolutely untrue.
know that to be a fact. 1 know the men
who are responsible for them, and L am
surprised that they have taken such part
in this affair. billiard did not refuse to
come back to Indiana. He came solely of
his own volition.
I'VE have the affidavits of large num-
Der Of witnesses to offer and we have a pc
tition. signed by $500 citizens of Sullivan
! county, asking that Sheriff Dudley be rein
| stated. More Republicans than Democrats
| have signed the petition. and. in addition
| to this, 1t contains the signaturese of every
negro in the county. prominent colored
man circulated the petition among his own
| people. No one in Sullivan county wants TO
4 DIdlpV no IF nf hat oh
| The law under which his office has been de-
clared vacated is new one, without prece-
dence, and / doubt if 1t will stand the test
/ of the courts"
Attorney Bays intimated that IL Governor
Durbin finds adversely for Dudley the case
will be carried to the courts and the consti-
tutionality of the law tested.
/ The state has prepared it's case for the
| hearing by sending Assistant Attorney
| General Moores over into Illinois and down
/ into Sullivan county to secure evidence. He
was at Sullivan yesterday and dispatch
| to the Journal from that place says that he
secured Information that is unfavorable to
the sheriff.
1 When Attorney General Taylor was told
| last evening that Marion Davis one Of the
| leaders of the mob, would probably be al
! the hearing to-day and would admit the
| the hope that Davis would be there. He
/ would not, however, give out his plans for
/ to-days hearing but said that the course
of the state would be governed by the ma
/ torneys.
! At the Statehcuse yesterday il was gen.
| orally predicted that Sheriff Dudley would
| not be reinstated by the Governor. Dudley
| has in reality not vacated his office. Coro-
ner w. p. Maxwell was instructed by Gov
| ernor Durbin to assume the duties of sher-
! if pending the investigation and the cleo.
ton of new sheriff, but he has not done
so: Dudley. acting on the advice of his
| friends and attorneys, refused to turn over
his office and Maxwell was disinclined &c
| press the point.