Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-03
FULTON COURT MAY
CLASH WITH FORT.
Captain Coulter, Whose Brother
Was Killed by a Soldier at
M'Pherson, Demands State
Court Probe,

Capt. Elliott P. Coulter, formerly may
or of Girard, Ala, and captain OF the
Girard military company, has retained
legal counsel in Atlanta for the purpose
OF investigation what, he declares was the
unwarranted killing of ms brother, Ed
ward W. Coulter. of Company d, Sew
enteenth United States regiment, at
Fore Mcpherson. several weeks ago.
Captain Coulter will come in person to
confer with Solicitor General Charlie Hill
and later appear before the Fulton grand
jury, If the solicitor consents. for the
purpose of securing an Indictment against
those responsible for his brothers death.
Edward w. Coulter. a private in COM
pany d, was shot and killed some time
ago at Fort MCPHERSON while running
from a squad of soldiers which was at
tempting to make his arrest. 1t was
stated at the time that complaint had
been made that several soldiers were dis
orderly at a near-beer saloon, located
Just off the federal reservation.
A squad of men. under command OF
Lieut.. L. w. Hazelhurst, was sent 10 stop
the disturbance and arrest any of the
soldiers found participating, 1t is said
that as the officers appeared at the front
door of the saloon, Coulter fed through
the rear door. refusing to halt when call
ed upon. ,-
WAS SHUT III DEATH.
The evidence furnished by the officials
was that Coulter continued running, fol-
lowed by member or members or the
squad. 81:
II is said that as Coulter crossed into
the reservation, still running and still
hotly pursued the order was given by, the
lieutenant to fire into the air.
Whatever was the command given, II
is known that bullet was sent whiz-
zing at the fleeing man., VINO fell, in his
tracks. bleeding to death from a gaping
wound in the groin. s.e.. ..sa:.s,
II is said that Coulter was carried to
the guard house. in a, dying condition
and when that place was reached was
refused admittance. on the ground that
the man was then dead.
The shooting caused intense excitement
in the neighborhood of the reservation
and great Indignation, it is said. among
the enlisted men Of the regiment. The
only charge made against the dead man
was that he, with others, had become
boisterous at the ;near-beer saloon and
ran when ordered to halt.
UNIQUE POINT OF Laws.
Captain Elliott now raises a unique
point of law, claiming that the state and
county has jurisdiction in the killing.
since he claims the shot was fired by
ton, although the bullet struck the vic
tim inside the reservation.
In other words, where Is the actual
shooting done-the point where the missile
of death is put in operation. or the point
where the target is struck. 1t is self
evident that no one had been shot until
the bullet came in contact with the person
of Coulter: yet, at the same time 1t may
be equally as logically argued that no
one Wbuld have been shot had the bull
let not been released from the weapon.
II the actual act lies within the juTts-
diction of the authority governing the
point where 1t is begun, the state courts
may try the case and Captain Elliott will
SECURE an. Investigation ifsHte the con-
trarys the act must be complete, then the
state courts will be barred from investl-
eating, as Coulter was we'll within the
grounds when he was struck. B..
As a matter OF fact, a courtmarttal was
conducted and all concerned were, vtndt-
Gated and the body of the dead soldier
was forwarded to the national cemetery
at Marietta. 20,
DEMANDS INVESTIGATION.
Now comes Captain Coulter, of ~Girsrd.
who declares the killing unnecessary and
demands a criminal investigation at the
hands OF the solicitor general OF this
county. He says: aie
THE fact that the incident happened
at the outskirts of the reservation great
Iy complexities matters. The man who
did the shooting was insidei while the
officer who ordered the firing was in
Georgia SOIL where at least he can be-
called upon to answer. t9" q
'I have lawyer looking into the mat
ter in Atlanta, but I do not wish to give
his name / shall confer at once with
Solicitor Hill. and II there is the sem
blance of a chance to do so, Irshall insist
upon the points being raised. .a-~
THE fact that the governor partially
shielded the guilty and a military trial Is
big coat of whitewash, shall not deter
me. II possible. the slayers shall be pun
ished. even II have to exhaust every re-
source at my command"
Mr.. Coulter feels keenly the death OF
his brother and means to force the mat
ter to a head. even If to point OF con-
fict between the state and the govern