The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1904-10-01
PORTER REMANDED.
KHITECAPS RECEIVE A SECOND BLACK
EYE in THE COURTS.
Chancellor Mayes Decides It is Not .
BaiIabIe Case.

Idy, attorney for the relator, fol
the purpose of having his client
released from Jail on bond. There
was a small attendance at this sec.
ond hearing, due mainly to the
fact that it was not generally
known that Mr.. Cassidy had in.
|stituted such proceeding.
/ When the case was called coun-
IseI for the relator stated that he
had subpoenaed no witnesses for
the defense, but that he had a few
persons not then in hearing of The
court, that be might wish to intro
duce before the investigation
closed, and desired to reserve this
right without making known the
names of these witnesses to the
court or counsel for the State un-
til they were introduced. To this,
counsel for the State answered
that they were not willing to an
nounce ready for trial until the
names of defendants witnesses
were known, as the with holding
of this information might place
the State at disadvantage when
too late to obtain witnesses in rer
buttaI. A number of witnesses
who had been subpoenaed for the
State, failed to answer.
After a good deal of sparring
between opposing counsel the
court finally ruled that defendant
must make known in advance the
names of all witnesses he wished
to introduce, or have them shut
out. However, the court reserv-
ed the right to continue the case
to another date, if it should be
made manifest from the circum-
stances and facts developed, that
this was necessary to arrive at a
just conclusion of the matter.
The investigation then proceed
ed. The State was represented,
as at the preliminary trial before
Justice Daughtry, by Messrs.
Brady, McNair, Jones and Bren-
nan.
The State introduced only two
witnesses, Louella List, the wife
of the murdered man, and Henry
Lotion, one of the white cap gang
| who shot into LISTS house and
killed him. Their testimony was
substantially the same as given on
the first trial and already publish
ed in The Leader, except that
Henry Lotions was fuller and
more complete as regards Porter's
presence and participation in the
killing. He testified that the eve
ming Of the night the murder oc-
Cured, after he had been notified
by Will Franklin that the order
was to ''moye List" he saw Will
Porter, near his gate and they
talked about the mattel, and later
rode together three miles to Gum
Grove springs, where Franklin said
| the squad Of white cappers would
assemble before proceeding to
Lists house.
On their way up to Gum Grove
Springs, the only person he and
Will Porter met was Constable
Sam Pepper. Porter and himself
were both armed with single bar
relied breach-loading shotguns,
and after they met the rest of the
crowd at the Springs, they both
went on to Lists and took part
with them in the shooting.
| On cross examination, in an
Iswer to the question as to whether
he had attended any other meet
ing of white caps besides this, and
If SO, where and who were pres
ent, he testified be remembered
attending quite a large meeting al
the Woods field, and that Johr
! Chisholm, Walter Smith, and /
| few others whose names he gave
we're among those present.
Asked by Mr.. Cassidy Wha1
had influenced him 20 turn States
evidence and tell what he knew
! Lotion said he found out from Mr.
Brady that others had given tht
thing away and that he BRADY
..lknew all the facts and circum
stances about the List killing, ant
!. Iit was useless for him to cOncea
.:lwhat he (Lofton) knew. He hat
not been influenced to expose hi
. fellow white caps by no promise D
reward, but Mr.. Brady had toll
him that he would be taken car
Of BY him and not punished as b
would be If he held ont against th
truth and took his chances wit
1.-THE rest. Also that his faInil,
would not be allowed to suite
while be was Id Jail.
JEFF Wills was the first man b
confessed bis guilt To after beinI
drought back from Louisiana, an
be made his first full statement 8
I the killing to Governor Vardama
l before whom be was carried b
MI. Brady.
The Governor had said that
/ his case came before him be woul
Ebe governed BY whatever Ml
n Z ~ -. " ~ r,,s<.rrs ~ cl,affiAN
1 Lotion is an illiterate, ignoran
man, slow Of speech.ra typics
I white cap In appearance, but b
told 5 simple plain, consisLen
I story all flle way through, hi
manner and answers to all ques
tions evidently impEessiHg th