The leader., 1904-12-21
LEGAL STATUS or THE PROCEEDINGS
AGAINST MESSRS. MONTGOMERY,
BRYANT AND WILLS.

Various false reports and mis-.
leading statements have gone out
as to the legal proceedings against
Floater Representative Montgon-
ery and Supervisors Bryant and
Il Wills. Indictments were return.
led against all three of these gen.
tlemen in common with others BY
the late grand jury for conspiracy
{ to pervert Justice, etc., as mem
bers Of the farmers league, and
4 lSupel visors Bryant and Wills
we're also separately indicted uns
/ der section 1925 Of the Annotated
4 Code off 1892, which is as follows
1925. Officers, offenses BY;
I failure to return offenders. III
any Judge, justice of the peace,
! constable, member of the board Of
supervisors, sheriff, coroner, or
other peace officer shall wiIfully
neglect or refuse to return any
person committing an oifense
against the laws, committed in his
! view or knowledge, or of which
he has any notice, or shall wilful-
Iiy absent himself when such
offense is being or is about to be
committed, for the purpose of
IaYoiding a knowledge Of the same,
The shall, on conviction, be fined
mot less than one hundred dollars
tnor more than five hundred dol
lars, and may, in the discretion Of
the Court, be removed from
Office. =
Mr.. Montgomery demanded a
trial On the Indictment against
him for conspiracy, but as the
Court had decided on the policy
of entering a cessat in all cases of
this class at this term of court, his
attorneys consented for his to
take this course also. This was
acceptable to those who believed
Mr.. Montgomery should be re-
moved from Office or impeached,
because it was found that the
Court has no authority of law to
remove a Representative of the
Legislature, even If he should be
tried and convicted of an unlaw-
full offense. The body of which
he is a member has exclusive iu-
risdiction in such proceedings.
Supervisors Bryant and Wills
offered no objection to tie order
of cessat in the conspiracy pro-
ceedings against them, and Mr..
Wills placed his resignation as a
member Of the Board in the hands
of Judge Wilkinson before the
other case, against him was called
for trial. Mr.. Bryant, on the
contrary, while taking advantage
of the clemency extended him in.
the conspiracy case, made no ten
der of his resignation to the court
and proceeded to fight the other
indictment against him by demur-
rers and other technical evasions
to keep from being brought to
trial on the merits of the case.
He even went so far on this line
as to file a plea through his attor-
neys, Messrs. Cassidy and Bren-
nan, that was so false and SANDER
Gus in its terms in reference to
Hon. Thos. Brady. special States
attorney in the white cap cases,
and a member Of the grand jury,
that when it was submitted to the
Court it was appropriately de-.
nounced from the bench as i'm
pertinent, irrelevant, .scandalous
and slanderous, and that portion
of it ordered to be expanged from
the records and files of the court.
The demurrer to the Indictment
was sustained by the Court on the
ground that the Indictment was
not sufficiently specific in its
terms, and the defendant was
placed under a five hundred dollar
bond TO appear at the next tenn Of
Court.
Mr.. Wills is 70 be commended
for honoring a right and just pub
llic sentiment and policy in this
matter and voluntarily retiring
from office, without waiting to be
actually kicked out by law, and it
lis IegretabIe indeed that Messrs.
Montgomery and Bryant have not
been likewise ready to respond to
la situation which demands the
Isaae graceful action on their part.
The Law and Order Committee
Ihad ample proof before court met
THAT all three Of these officials of
1.-The county were members and afil
5liated with the farmers league
i after its criminal character and
! practices had become notorious.
i Mr.. Bryant was initiated into it
latter the List and Hilson mur-
ders, and after the extensive post
ling of negro houses east and west
lof the Railroad with white cap
notices; yetwhen court met last
May, preceded BY a public anti
white cap meeting, neither Mr..
Bryant nor Mr.. Montgomery, any
lmore than Mr.. Wills, chirped .
EsyIlable to the court about the
inside facts !" in their possession
on the subject Of this unlawful or
ganization and its bound
membership.
1t is TO be hoped that Messrs.
Montgomery and Bryant may yet
see their way to soon initiate the
worthy example set them by SUI
pervisor Wills and thus help to
hasten the end of white cap agita-
tion and prosecutions. That they
will have to do this sooner or la
ter or be forced from Office by