The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-18
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l | {! q
The First First Proceed ings Dropped
I and New Indictments = ound
5g Against Eleven. ~
MOST c0NAR'D ] Of . ( GRIMES J, } ! NJ:
Doubt as to the Legality 81 81 the the
,sls Provisions 81 the Anti 4
n ching Statute:
NJ COWARD Y OH GRIMES.

ss CHARLOTTE, N. O. July n. Because
OF doubts ~ to the legality OF the provi-
sion OF the antl-lynching statute under
which the alleged members e the mob
which TOOK John ohnson from jail
att adesb oroe ana hanged . him on May g,
{2stli, the trial ct Monroe. In 4 the adjoin-5
Ing county OF Union, took Q new turn
to-day. sS 81 II tss n NJ
3S%ln place OF the formal Indictment which
charged the defendants with violating the
1893 statute. which provides punishment
for entering Into & D Jail with intent to
iinjure or Kill q prisoner. or of oonspiring
to do 10, Solicitor Robinson this after
noon sent to- the grand Jury q bill embody-s
Ing three counts, viz: conspirin9 to! break
;ing Ea1s prisoner;f break king and nterins,s
SaifiSd Killing 4 hid II fynching. Under this
amended form the grand Jury latea this
Afternoon returned n true o 8 bills 81 against
eleven OF the twenty one men under
charge OF participating In the 8lynohing.S
The grand Jury Is still at work upon the
cases OF II the remaining endants sS
Among the true bills returned was one
against Jim swink, in whose case mot a
true bill ''sSs5 was yesterday rend cred.
sSE The effect OF to-dny's proceedings IS to-
drop those OF yesterday and ST IT anew.
several mot lions will be made to morrow
with sliiEg the Indictments N
z
iS} II is cor, tended .bys tho defense that the
9l6So statute which prov ided for trial n
another county than that In which, the
slynching occurred ii has been amended by
the new Code OF the state 30 as to annul
the provision for removal, n and therefore
Ytho indictmer its should be quaslled and
the case rernanded to Arson county for;
trial The Indications were that those coils
ttcntions would be upheld by X tho 4 court,
and that the mo Ion Il TO a. Quash would
&C. to the Supreme Court on appeal y ~
the State, but decision being; deferred. the
acaseH took the me " Sturh noted.
When the court convened to-dny x Judge
Shaw announced that he desir ed to hear.
further from the State regarding the
several otlons to q uash the Indictment
s ]. IT, Bennett, for the ~ proeecutfon,s
stated that lunlntenttonallyo or dvertent-
3lys the 4 main section OF the ,aot OF 1908
has been omitted from the revised Code,
thus abrogntlng tho stat under which
the indictments were n FOUND lie N con-
l,tended; r. oWeYer, g tlnt would a be o
\ send these cases .'ess,
.to A,sqn & the ends Of JUS
tice manifestly would Il ots be met,
Ri; r. II Stevens OF Monroe for the de-
tense, stated with some 4 heat that the
defendants mad no bjectIon to facing
Ia Union county jury, but they did mot
care to incur the risk Of being tried twice
for the same offense u s
Judge shaw expressed the opinion that
while lynchng was tho most cownrdly
OF crimes, and he believed these cases
should have n speedy trial n he does not
abelieYe liz judge-nadeslnW We. s II DE
s1teisIannoun I'd IA Gu to- hight on abso-}
lutte authority : ige shnw will. on
allow the otlon Of the a efonse IN tho.
case OF the twerty-nine men on trial NJ
sspccial term Of Union County Court for
Tho lynching Of John Y. 10 nson ! TO qupsh}
the Indictments sent in by Solicitor Rob
lrson on tho ground of Improper N venue
This Will end tho present trial nd the
state viii take IN appeal to the Supreme