The Savannah morning news., 1904-11-30
SUMMONS ISSUED;
THEN RECALLED
ON sTATEsBoRo LYNcHlNG
WITNESSES WERE WANTED TO
TESTIFY TO GRAND JURY.

Subpoenas Were Issued and Deputy
Marshal Ordered to Proceed TO
BuIIoch County and Serve Them.
Information of Contemplated Ae-
ton Leaked Out and Was NipPed
in the Bud-NOt known on Whnt
Ground Action Was Hoped for.
Only by the narrowest margin did
the present United States court grand
jury escape being compelled TO pass
upon the guilt or innocence of certain
persons alleged to have been implicated
in the Statesboro lynching.
Though not intended as an order OF
the grand jurors to look into the Bull
loch county affair, the charge of Judge
Speer was construed by some to be
gentle hint to get busy" and look into
the matter Steps looking to that end
were at once taken.
The matter was looked at in its diff
ferent lights and at last ground was
found on which it was believed the
government could take cognizance of
the burning and attempt to punish the
RNADSAe2 POI III pains IA IL ACPdA a
tons We're then started to secure the
needed witnesses to establish the case
against those to be accused.
Subpoenas were issued, though just
how many was not learned. These were
handed TO a deputy marshal, one of
those seek and find' personages need
ed by the United States. His instruc-
tons were to take the late train on
Monday night for Bulloch county, de-
scend upon the persons named in the
official summons, and bring them to
the court room in time for the session
yesterday afternoon of the grand jury.
Stumbled on a snag.
Things looked cheerful for the gov
eminent and somewhat gloomy for any
who might have been on the anxious
bench, when the information leaked out
as TO what was under way. Then
there was a hurried consultation of
statute books. a quick review of SUI
preme Court decisions, and the deputy
marshal was gently informed he should
postpone his projected trip.
In the opinion of those who were
consulted there was no clause under
which the men could be indicted. even
If proof of their completely in the
lynching was afforded. No federal
prisoners we're molested. no govern
ment officers were attacked, and no
United States property damaged. Even
that very elastic due process of law
clause, which is construed to fit al
most anything, could not hold here, as
it is leveled at states and not indi-
viduals.
The subpoenas were then laid away
in final resting place and an effort
made to hush up all the rumors of
what had taken place. This effort
failed, however and it gradually be-
came known that some steps had been
taken.
After the Informant.
When the public announcement was
made yesterday morning through the
Morning News that the Statesboro af-
fair had been considered, there was
something doing among the court
officials and attaches. Nearly every
one had theory as to who gave
forth the information and all manner
of suspicious were aired
Even the grand jurors are rumored
to have taken hand In this investi-
cation and each member was closely
questioned. AS far as can be learned,
however, the informant has not yet
been discovered. For a time denials Of
the facts were heard, but these were
dropped later, and there was a tacit
admission that the rumor had truth
in it. Later in the day the suppression
of the subpoenas was learned.
An effort was made last night to
learn on what grounds the matter
had been brought up and on the
strength of which the summons were
issued. but without avail. All that
could be learned was that decision of
the Supreme Court was clearly against
the United States having jurisdiction
and that therefore the matter was