The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-18
CRIME IN INTENT
GROVES, MAHLAY AND WATERS
HELD FOR TRIAL.
WILL PROSECUTE VIGOROUSLY
FRANK c. DIETER. THE INTENDED
VICTIM, SECURED COUNSEL.

SandbagRed and Robbed, Will
Push Case Against the Alleged
COMMUNICATIONS for Defend
ants Contends No Crime Was Conn
mitted, but city Attorney Found
General Law That He Thinks Cow
ers Case-Case Against the Trio
Was Heard ia Police Court by
served Until He Could Have "A Con-
ference With Mr.. Adams.
On a charge of attempting to commit
a robbery, w. c. Groves, E. H. Mahlay
and Joe Waters will this morning be
committed to Jail on a warrant from
the Police Court. The prisoners are
those arrested by Detectives Murphy
and Wall for conspiring to sandbag
and rob Frank c. Dieter, a butcher of
the City Market.
The case against the prisoners was
called by Mayor Myers in Police Court
yesterday. and the detectives testified
against the men. The officers told of
the plan that had been laid to hold up
Mr.. Deter on Waters Road, and re-
lieve him of a large~sum of money that
he was supposed to have had on his
person. The testimony of the detect
ives was strengthened by the full con-
fessiOn of Mahlay, who charged that
Groves had planned the hold-up, and
with the assistance of several others,
was to have put his plan into execu-
ton.
Mr.. Robert l.. Colding appeared for
Groves, and insisted that no overt
act had been committed, and that I'M
der the evidence adduced by the prose-
cution. no crime whatever had been
committed. Counsel moved that the
defendants be released. Mayor Myers
announced that he would continue the
case until he could consult with the
city attorney, and learn under what
statute he should move. The Mayor
said that while he is not familiar with
each and every criminal statute, he
could not for a moment believe that
when party of men willfully plan to
commit an act of violence, and are
only prevented by the vigilance of the
officers, no crime has been committed.
The Mayor communicated with Mr..
5. b. Adams, city attorney, later in
the day, and the penal code was
brought into service. superintendent
of Police Reilly was at the City Ex-
change at the time, and went for De-
tective Murphy, who related to Mr..
Adams just what evidence he has
against the defendants. After hearing
the statement of the officer, the city
attorney advised that the men be re-
manded for trial in the Superior Court
for attempting to commit a robbery.
NKYbf fc
ed that an indictment will be returned
sets forth that persons, who have
planned to commit a crime and are pre-
vented from so doing, either by arrest,
or otherwise. shall be guilty of a fell
ony, If the preparation of the crime
planned would have been a felony
This applies in all cases where there
are no special statutes governing
AS an Illustration an attempt to com
nit a criminal assault is a separate and
distinct crime, and the punishment
upon conviction is prescribed by special
statute The general statute govern
ing attempts to commit crime as found
in the penal code. provides that if the
persons so planning to commit an Of
Tense, against person or property, are
| arrested before they can put their
threat into execution, they are guilty of
an attempt. The prosecution relies upon
Mr.. Deter yesterday secured the SER
vices of Col. George T. Cam to repre-
sent him in the prosecution of the pris-
oners. He intends to leave no stone
unturned in an effort to have the men,
who are alleged to have deliberately
planned to perpetrate a bold robbery,
punished to the fullest extent of the
law. If the men can be convicted I'M
der the section mentioned, the penalty
is from one to four years in the peni-
tertiary, and Mr.. Deter will do all
within his power to see that those who
may be convicted receive the limit.
The detectives have been unable to
locate the other persons alleged to have
been engaged in the conspiracy to hold
up the butcher. I. l.. Avant, formerly
motorman in the employ of the Sa-
vannah, Thunderbolt and Isle of Hope
Railway Company, furnished the detec-
tives with the information that caused
them to shadow Groves and the others.
The officers kept the name of Avant a
secret until they ascertained that he
had no objection to figuring as inform
ant in the case He had overheard a
part of the plan to rob Mr.. Deter.
Avant is the motorman who ran over
and killed the little son of Mr.. Eu-
gene Baker, and who is under indict-
ment for involuntary manslaughter.
He heard Mahlay and another talking
about the case in the High Life restau-
rant on Broughton street and reported
the matter to Detective Murphy. Avant
will probably appear as witness be-
fore the grand jury
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