The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-07-26
WILL Be HEARD
IN NOVEMBER
MOTION OF DEFENSE FOR A
MISTRlAL SUSTAINED BY
JUDGE CONYERS.
1t Was Established That the Wife
OF One of the Jurors Was Related
to Riley Williams, One of the
Prosecutors.

AS presdicted in The News Sunday
morning, the sensational trial in the
Glynn superior court of ex-sheriff w.
B. Lyons and his son, Archie Lyons,
charged with the murder of M. Flem-
ing Smith, came to an abrupt end
yesterday morning when Judge Con-
yers sustained the motion of the at
torneys for the defense for
mistrial, based on the
grounds that J. M. Lowe, enc of the
jurors on the case, was, by marriage,
related to Riley Williams, one of the
prosecutors, made so by contribu-
tion of one dollar to fund with
which to employ counsel to prosecute
the case.
When court convened at $3.50 yes
terday morning Judge Conyers todk
up the motion. Several witnesses
were introduced by the defense to
show that Mrs. Lowe was related to
the prosecutor in question as also to
establish the fact that Williams con-
tributed to the fund. Several wit
nesses were introduced in this con
nection and both the contentious of
the defense were established.
The state, through leading counsel
J. W. Bennett, announced that it had
no testimony to offer in rebuttal
Judge Conyers, in sustaining the mo-
tion stated that it was with sincere
regret that he was forced under the
Jaw, to grant the motion and bring
the trial to a close after it had pro-
gressed this far at a great expense to
Wayne county, but, that a relation
ship really existed in the fourth de-
gree between one of the Jurors and
one of the prosecutors and he was
compelled to grant the motion.
Col. Bennett made a short talk in
which he said that he and all of the
other attorneys fer the state deeply re
GREETED that the case had been end
ed in such manner, it was hoped
by them that the case would finally
be ended at this trial.
Goes to Crisp County.
conference of the attorneys rep
.resenting both the state and the de-
tense, was then held to determine
upon another county in which to try
the case. 1t was realized that it
would be almost impossible to try
the prisoners anywhere in the Bruins
wick circuit. Valdosta was first sug-
gested, but this place was opposed
by attorneys for the defense. Crisp
county, of which Cordele is the
county seat, was then suggested and
attorneys representing both sides
agreed on this county.
Crisp superior court will convene
the third Monday in November and
it is expected that the case will be
one Of the first to be taken up. Judge
J. U. Whipple is the presiding judge,
and he has one of the best records of
any superior court jurist in the state.
1t will become the duty of the So
licitor general of that circuit to pros
ecute the case, and while he will
likely render all the assistance pos
sible, Col. J. W. Bennett will contin-
us as leading counsel and will be as
sisted by the attorneys who have all
the exception of Solicitor General
Thomas, who will not longer be con-
nected with the case.
The defense appeared gratified
with the sudden ending of the case,
and a smile of satisfaction passed
over the faces of the two defendants
when Judge Conyers rendered his de-
cisicn.
The many witnesses who have
been in the city for week attending
the trial, returned to their homes
last night and most of them were
glad to get away. Lyons and his son
are still in the Glynn county Jail, but
it is understood that they will shortly
be transferred to Crisp county, where
they will be held until the trial.
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