The Savannah morning news., 1904-11-29
LYNCHERS MAY
BE INDICTED
BY U. S. GRAND JURY.
RUMoR THAT JURORS MAY INVEs-
TIGATE STATESBORO AFFAIR.

Some Lawyers Do Not Believe Any
Grounds Exist on which the
United states Can Take n Hand.
state Militia Not Regarded as Reg
MARS Under Dick Bill and the
BulIoch County Case Not Pnrnl-
lei to Huntsville.
There was rumor about the United
States courts yesterday that the grand
Jury will endeavor to investigate the
Statesboro lynching.
There seems to be a belief in the
minds of a number that the case can
be brought up. In the minds of sew
eral prominent attorneys, however,
who are we'll acquainted with the
United States laws and with practice
before federal courts, there is grave
doubt whether the national government
has any jurisdiction.
Though in the course of his charge
Judge Emory Speer several time al
luded to the Statesboro affair, though
only once by name, it is not believed
his words were intended as hint to
Tue SIdlQ July ~ TAM NR NiN~ N~'~'
Nevertheless there is said to be de-
sire on the part of some of the jurors
to look into the matter.
The matter of subpoenaeing wit
nesses remains with the prosecuting
officer. Any grand juror may ask that
witnesses be brought before the jury,
though if the prosecuting officer sees
fit he may refuse to issue the sum-
mons A majority vote of the jury
would take an appeal to the judge pre-
siding from the decision of the prose-
cutting officer, and he might order the
summons issued.
No Parallel to Huntsville.
The case is not a parallel one to that
of Huntsville. In that case Federal
prisoners were confined in the Jail that
was burned, and on the ground that
their lives were endangered, Judge
Jones held that the United States could
take action.
1t has also been suggested that under
the Dick bill the state militia that
served at Statesboro were United
States soldiers, and that members of
the mob could be indicted for attack
ing officers of the government. This
ground is said to be msolid by those
who are in position to pass upon it's
merits.
If the government had called out the
militia, then they would in all pro-
liability have been construed as act
ing as United States soldiers. At States
boro. however, they were acting as
state soldiers only, and members of the
mob could not be held by the govern
ment for attacking them.
Foy PeonaSe Case.
A case that was considered yester-
day by the grand jury, and one in
which there is considerable local inter
est, is the charge of peonAge against
Senator-e John E. Foy of Effing-
ham county. Titus Mitchell, one of the
alleged poems. and his companions were
called before the jurors and their side
of the case was heard.
Before acting on the matter, how
ever, the grand jurors made a request
that the other side of the case be pre-
scented and witnesses for the defense
were called in. 1t is believed the case
has been disposed of, but no statement
could be obtained whether a bill had
been returned.
The grand jurors who are considering
the cases presented by District Al
torney Alexander Alderman are,
Messrs. George w. Dwelle, foreman,
Henry H. Bruen, A. B. Girardeau,
Arthur We'll, C. A. l.. Cunningham.
and Thomas ] Sheftall, all of Savan-
nah; Messrs. j. j. Winn of Johnston
Station, William e. Hodges of Patter-
son, B. l.. Jordan of Brunswick, S.
L. Overstreet of Folkston, William
Newton of Tusculum. Marion Edwards
of Guyton, w. II. Simmons of Aimar.
T. M. Rain of Rincon, ]. G.. Legare
of Darien, A. j. Williamson of VI
dalia, Calvin Thomas of Hoboken, and
H. M. Robertson of Sherwood.