The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-07-17
LEGAL BATTLE
BEGINS MONDAY
AN ARRAY OF ABLE COUNSEL
FOR THE STATE AND THE
DEFENSE.
Trial of the Two Wayne County
Men Promises to Be the Most
Interesting Gases Ever Tried in
Local Superior Court.

Glynn superior court will convene
tomorrow morning at 9 O'Clock for
tine specific purpose of trying eX-
Sheriff w. B. Lyons and his son, Ar
chic Lyens, of Jesup, charged with
the murder of M. Fleming Smith, at
one time a resident of Brunswick,
but who was living in Jesup at the
time of the tragedy.
The trial premises to be one Of
the most interesting legal battles in
the history of south ecrgia. Both
sides are represented by brilliant
array of attorneys and it will be
legal battle royal. A large number
of witnesses and others interested in
the case, will arrive in the city today
from Jesup and other parts of Wayne
county, and it is expected that the
seating capacity Of the superior court
room will be taxed to accommodate
all OF those who will be present..
large number of extra jurors
have been summoned to appear in
court. and it is generally believed
that 1he list of twelve can be secur-
ed from tie number drawn by Judge
Conyers aafeW weeks age, although
it is generally admitted that the
court will have some little difficulty
in making up the jury. Should the
long list drawn some time ago be
exhausted without securing the
twelve men, an additional number of
names will then be drawn.
Many Attorneys Employed.
Probably never in the history of
south Georgia, has such a large
number of attorneys been employed
in a case. Among those whe repre-
sent the state and the defense are
some of the most prominent lawyrs
in this section. The attorneys repre-
esenting the state are Solicitor Gen
eral J. H. Thomas, of BaXley, Gel.
John w. Bennett, of Waycross Major
Ernest Dart, Of this city; Hon. JOS
eph \. Morris and Hon. Robert L.
Bennett, Of Jesup. For the defense
are Col w W. Bennett, j. R. Thomas
and L. L. Thomas, of Jesup; John R.
Cooper, Of Macon, Judge D. NJ. Par
ker, OF BaXley and Judge Max Isaac,
of this city.
History of the Case.
The facts connected with this
tragedy are well known to the people
of Brunswick, having been reviewed
in these columns on mere than one
occasion. Bad blood existed between
Fleming Smith and w. B. Lyens, and.
it IS reported, previous to the fatal
difficulty between them, they had had
several quarrels, which almost re-
suited in serious trouble.
Young Smith was employed in a
drug store at Jesup and oon the day
of the tragedy, the elder Lyens, ac-
companied by his son, went to the
drug store: In very few minutes a
volley of shots were heard by people
near the drug store, some Of them
rushed in the store and Fleming
Smith was found on the floor in a
dying condition. He lived for only
short time.
1t is claimed by the state that the
young man was shot down by the
Lyons without even being given a
showing for his life, while on ;the
other hand it is claimed that Lyens
shot in self-defense. This, cf course
involves the issue which is to be bit
terly fought out in the local court
next week.
The First Trial.
Lyons and his son were arraigned
for trial in Jesup last year. The trial
lasted for almost a week and result
ed in a conviction of both the de-
PENDANTS. They were recommended
to the mercy of.the court and serve a
life term in the state penitentiary
The two defendants werS ,carraet to
Savannah for safe keeping and their
attorneys at once sought a new trial
The molten was heard by the su-
preme court and was granted on the
ground that one of the members of
the jury who convicted the two men,
was related to some one interested
- in the case.
At the last session of the Wayne
superior court the case was again
called for trial Judge Conyers was