The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-11-26
WILL WHITAKER
IS TWICE FINED
BY THE RECORDER
FOUND GUILTY ON TWO CHARGES
AND TAXED $500 AND
$500.
APPEALED TO HIGHER COURT
Police Scored by Attorney Dining
in Eloquent PIea-Deelared To
Have Been Guilty of "offieial OPP
preston"

The trial of Will Whitaker, ser.
geant-at-arms of the House of Repre-
sentatives and candidate for Sheriff,
was terminated at noon Wed
nesday when Recorder Erwin
found the defendant to be
guilty, imposing a fine of $500
and costs in the first case, charging
the use of obscene language; and a
fine of $500 and costs in the second
case, charging the resistance of an
officer. Both cases were appealed to
the higher court.
Many witnesses were examined by
both sides, and there was but little
conflict regarding the major parts of
the testimony. 1t was pretty well
established that the defendant went
to the Opera House on Saturday even
ing for the purpose of consulting Re-
corder Erwin regarding the admission
of his brother to bond, so that he
could have medical attention, and
that after his arrival there he APP
preached officer Green, tapping him
on the shoulder in a friendly manner,
and stating the purpose of his visit;
that he entered the building accom-
panied by Mr.. Green, and ran across
Officers Morgan, Stages and Lancas-
ter, who were standing near together;
that he applied an obscene epithet to
Stages. and that he was then arrested
and hurried off to jail.
Witnesses for the defense, including
the defendant himself, testified that
when Whitaker saw Stages at the
Opera House he exclaimed: Stages,
you SOB, you are the man VINO
beat my brother up, and now have
come here to get him out so that he
can have medical assistance" Some
of the officers claimed that he used
the language Cd d-n s. of b In
addressing Stages.
1t was pretty well established that
Whitaker offered no strenuous resist
ance while in the auditorium Of the
Opera House, but that in going down
the steps he kicked Stages. Several
witnesses swore that Stages exclaimed
"let me hit him." and that Officer
Green admonished him not to do So
There was q divergence Of opinion as
to whether or not Whitaker offered
any resistance en- route to the JAM
hut several witnesses testified that he
did not.
One of the features of the trial was
the eloquent address Of ]. H. Dining,
attorney for the defense, who handled
the case without gloves. Mr.. Dining
declared that had my brother been
butchered like this defendants broth
er was, it is probable that ] would
now be facing your honor on more
serious charge than he does"
He sarcastically referred to the po-
lice as something little lower down
than the angels" and stigmatized
Whittaker's arrest as "arrant oppres-
sion, official oppression" and declared
that the defendant had committed no
offense warranting his arrest and that
he "had a right to kill each of these
officers in his tracks He pictured
the Just resentment of the defendant
when he found his brother "butchered
and thrown into Jail like a carcass
and referred to Stages attempt to hit
him at the Opera House with "a great
hickory club, thirsting for the blood
OF another Whitaker" as cowardiy.
Mr.. Dining characterized the defen-
dant's conduct under the circumstan-
ces as considerate and forbearing.
The presence of the entire police
force at the Opera House was not sat