The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-17
CONSPIRED TO ROB
EXECUTION OF BOLD PLAN PRE-
VENTED BY DETECTIVES.
BUTCHER CHOSEN AS VICTIM.
w. c. GROVES, e. II. MARLEY AND
JOE WATERS ARRESTED.


but Groves Denies He Was Arch
COnspiratOr. or That He Had Any
thing to Do With the PIan-NO
Overt Act Was Committed ana
Counsel for Prisoners Say They
Must Be ReIeased-Detectives Were
Afraid IL They Permitted HOIdup
Deter WOuId he Killed.
The execution Of an alleged plan to
sandbsg and rob Frank c Dieter, a
butcher in the City Market. who re-
sides on Waters road, has been pre-
vented by Detectives Murphy and
Wall. ". c. Groves. aged %. Joe
Waters. aged 1e. and E. H. Mahlay,
aged IS, were arrested by the detec-
tives early yesterday morning. and are
prisoners at the police station on
charge Of conspiracy. with the intent
to commit a felony"
The detectives had Swallowed the
men for several hours before making
the arrest and Mshlay made a full
confession. Waters stated that he had
been asked to take part in one of the
holdups arranged, but he had refused.
Groves failed to ask the officers why
he had been arrested, but stated later
that he knew nothing of the plan that
had been arranged.
He had heard several days ago he
said, something about holdup
scheme, but had paid no attention to
it, and certainly took no part in the
conspiring. Groves denied that he was
the arch conspirator, as charged by
Mahlay in mis- confession, and declared
that il was not true that he had secur-
ed sandbag and masks. These things
he declared to be the result of Nah
lays fertile Imagination. Groves made
otheF deniais, however. of things that
the detectives say they can prove by
competent witnesses.
Confessed the scheme.
1t was originally intended, according
TO Mahlay, to hold the butcher I'D on
Saturday night March s, but one of
those who had agreed to take part
weakened, and the robbery was de-
ferred. Malay admits that he was to
have taken part in the hold-up at that
time, and charges that in all seven per-
sons had been selected to help in the
wsylaying of Mr.. Deter on the night
decided upon. The officers were unsuc-
cessful in their efforts to capture the
other men implicated by Mahlay in his
confession.
Saturday night was selected as the
time for the hold-up, for the reason
that Mr. Deter was supposed to have
considerable money after leaving his
stah in the City Market. 1t has
been his custom to go TO his home in a
hack, and this fact was known to
those who planned the robbery The
Butchers habits were well known TO
Groves, with whom he was on friend
~ terms, and according to Mahlay it
was Groves who first conceived the
idea of robbing his friend. Mahlay
says that Groves showed him a sand
bag and told him that he had the
masks.
Plan of the Robbery.
It was planned that a hack should
be secured, and that Mahlay should
drive out Waters road to some con-
veHient point past the toll gate. The
horse was to have been driven near
the road. and the men were to have
waited until Mr.. Deter came along. 1t
mad been agreed that one man would
stop the horse and throw a revolver
an the drivers face, another would
cover the butcher and a third go
through his pockets. When the plan
1el through the first time ii was
agreed to put it into execution last
Saturday night 1t was at this time
mat Detectives Murphy and Wall be-
came active ana Swallowed those who
mad been picked out 10 do the work
The officers kept close behind Groves
ana another man. who made his escape
ana also kept themselves posted on the
movements of Mahlay. A hack had
been secured and a conference had been
held in Congress lane, near Whitaker
street, with the detectives stationed
only a few feet away. One of those
whom 1t is alleged was to have taken
part in the affair failed to put in an
appearance and the holdup was to have
been again postponed. The detectives
mad learned that Groves had made an
eTort TO borrow a revolver, which.
however, he denies, and decided to
make the arrests.
Feared for Dieter's Life.
They feared that If they permitted
the holdup to take place Mr.. Dieter
might lose his life and determined to
take the men in custody before any
violence was committed. Groves was
arrested by Detective Wall, and NAH
lay and Waters were picked UP by De-
tective Murphy. The two officers
searched the city for the others al
legged TO have been in the conspiracy.
without being able to find them. De-
tectiVe Wall says that Groves did not
even think it necessary to ask why he
was made a prisoner, and rather
seemed to expect his arrest
Because no overt act was commit
ted Mr.. Robert L. Colding, who was re-
tanned as counsel by the defendants,
contends that the prisoners have been
guilty of no crime and cannot be held.
even under the contentious of the de-
tectives. The robbery had only been
planned, and had not been put into
execution, and no overt act had been
committed. The officers, on the other
hand, contend that under the circum-
stances they could do nothing but ar
rest the men. 1t had not been ar
ranged that they should be informed
just when. how and in what manner
the robbery of MIR. Dieter would take
place, and they feared if they delayed
until the crime was actually commit
ted there would be loss of life In
such an event they would have felt in
a measure responsible for the death of
any person who may have been killed
law will be found that will cover the
case at bar.
Groves Denial.
The detectives say that Groves told
one Of those who was to have taken
part in the affair that he had done
inc in