The Montgomery advertiser., 1904-01-20
LIBERTY SHORT LIVED
ALLEGED SLAYERs OF scULLY
 RELEASED G RE-ARREsTED.
Discharged by Justice of Peace Gayle and Then Taken Into Custody on Warrants from Jus
 tice Loyds' Court.
Advertiser Bureau.

|
 Selma, Jan. 19.
 Discharged by Justice Gayle after pre- liminary hearing on the charge that they had murdered Engineer John Scully, Pearl Scott, Clay Hillman, Will s. Briggs and Floyd Woodward stepped from the court room today only to Dc arrested on warrants charging murder and returna- ble before Justice Lloyd who set their hearing for Saturday, January 9 at 10 o'clock. The defendants were remanded to the county jail without bond.
 The last arrest is the third for Pearl Scott and Clay Hillman and the second for Briggs, Woodward and Florence Left wich, on the same charge.
 John Scully died under suspicious cir cumstances on December 2S, and few hours later Pearl Scott, Florence Left wich and Clay Hillman, white women, were arrested on warrants sworn out be- fore Mayor " B. Atkins. Florence Left wich was soon released. Then Pearl Scott and Clay Hillman were arrested on warrants returnable to the court of Justice of the Peace B. J. Gayle. Later Will S. Briggs and Floyd Woodward and Florence Leftwich were arrested on war rants from Justice Gayle's Court. Today
 
 Justice Lloyd's court.
 All the defendants in the case were to have preliminary hearing before Justice Gayle Jan. 25, but their counsel insisted yesterday that immediate trial be grant, cd, and this morning was the time ap- pointed. City Attorney Shafer for the State contended against the holding of a trial today when 1t had been set for a later time, but the case was called by Justice Gayle at noon when there were two witnesses present.
 During the trial the State was not rep resented and the witnesses were examined by Justice Gayle. The defendants were r6presented. by attornys.
 Justice of the Peace I. D. Lloyd was the first witness. He testifed that he did not know Scully personally: had seen a dead body said to be that of Scully; had acted as coroner with County Coroner John Brislin: had ordered an autopsy and had sent Scully's stomach to State Chem ist B. B. Ross at Auburn. Mir Lloyd said he had received report from MT. Ross, but could not produce 1t in court Of his own knowledge he could not say whether Scully was dead or alive. He knew Will Briggs by sight; did not know other defendants. He did not know of
 
 defendants with sculiy's death. J. M. Rhodes, policeman, was the next and last witness. He had not known Scully, had never seen him until he saw at the hotel a body said to be that of Scully.
 Mir. Rhodes, like Mir. Lloyd, did not know of his own knowledge whether John Scully was dead or alive.
 The court on motion of defendants counsel discharged theN defendants who left the room,
 As they emerged from a stairway onto the street they were again arrested, now on warrants returnable before Justice of the Peace I. D. Lloyd. The warrants | against Briggs was sworn out by s. R. Reed who was with Scully at the time of his death; the other warrants were signed by J. L. Skinner who served them. The defendants were at once taken to l the cou6t of Justice of the Peace I. D. | Lloyd. Counsel for the defense asked immediate trial. Tho State, 1t was argued, ought to be ready; the defendants had been restrained of their liberty for about three weeks and 1t was unfair to keer them longer in confinement; this was theIl third arrest and with the three dozen justices of the peace in the county they could be kept in 4ailssix months; an i'm. mediate trial was wanted by the defend ants who had just right to ask it.
 The court held that in trial on such q serious charge. haste might endanger the interests of the State of Alabama. The court did not wish to deny the defendants justice in every particular, but could moi countenance too much hurry.
 And the trial was postponed until Satur- day. January 23.